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Subject:
Enforceability of Debts
Category: Relationships and Society > Law Asked by: tomasdeaquino-ga List Price: $15.00 |
Posted:
17 Jan 2006 13:11 PST
Expires: 21 Jan 2006 11:53 PST Question ID: 434667 |
Facts: 1. The credit card agreement states that the "agreement" is governed by the FEDERAL LAW and STATE of NEVADA. 2. A supervisor from the credit card company told me that gambling with the use of credit card is allowed up to the limit of the card. 2. I am a resident of CONNECTICUT and used the credit card in the CASINO located in CONNECTICUT. 3. Under CONNECTICUT law, credit card debts inccured in gambling related activites are UNENFORCEABLE and void. 4. Later on, another phone representative told me that Mastercard does not allow the use of credit card for gambling. Questions: Is this debt enforceable and is there any public laws in CONNECTICUT and NEVADA that deems debt incurred in gambling unenforceable or void? |
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There is no answer at this time. |
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Subject:
Re: Enforceability of Debts
From: markvmd-ga on 17 Jan 2006 13:30 PST |
Last time I was at Mohegan Sun, you had to use the credit card to get a cash advance. That technicality allowed the use of a credit card for gambling. Have they changed their rules? Hey, the casinos are on reservations, thus technically not in the state of Connecticut. I wonder if that's a loophole. |
Subject:
Re: Enforceability of Debts
From: research_help-ga on 17 Jan 2006 13:33 PST |
I would challenge your assertion # 3, which seems to be the key to your argument. In what way, are these debts unenforceable? If you use your credit card to get cash and then gamble the cash away, what makes you think this is not a valid debt? The credit card company is not responsible for what YOU do with YOUR cash. |
Subject:
Re: Enforceability of Debts
From: tomasdeaquino-ga on 17 Jan 2006 14:01 PST |
Actually, the issue here is not the "use" of money for gambling but rather the two conflicting opinion of the customer representatives. One says it is allowed, while the other says otherwise. If it is allowed, then there is no problem with me. If it is not allowed as the other represantive said, I would like to know why they are not allowing it. I dont want to keep using my card for gambling purposes, then later on get it cancelled for the reason that I am using it in gambling. research_help: in one of my credit cards, the creditor wont let me withdraw while inside the casino (in CT) and told me that they do not allow such transaction. markvmd: i believe, even though the casino in mohegan is on a reservation, it is still governed by the State of Connecticut. They do send 1099-G for federal taxes and notices to pay state tax for gambling winnings. |
Subject:
Re: Enforceability of Debts
From: markvmd-ga on 17 Jan 2006 17:30 PST |
There was a successful defense to a lawsuit by a credit card company trying to collect a rather sizeable debt owed by a person who used his card to gamble with. I do not recall anything other than the defense and cannot be more specific to when it was, save to say it was probably in the 90's. I think the defense was based on state law and expect the charge moguls fixed the loopholes pretty fast. |
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