CHAPTER 1. GAMBLING DEBTS AND LOSSES
IC 34-16
ARTICLE 16. CAUSES OF ACTION: GAMBLINGDEBTS AND LOSSES
IC 34-16-1
Chapter 1. Gambling Debts and Losses
IC 34-16-1-1
Void instruments
Sec. 1. A note, bill, bond, conveyance, contract, mortgage, orother security made in consideration of:
(1) money or other property won as the result of a wager; or
(2) the repayment of money lent at the time of a wager for thepurpose of being wagered;
is void.
As added by P.L.1-1998, SEC.11.
IC 34-16-1-2
Debtor; civil action to recover losses; limitation
Sec. 2. If a person, by betting on a game or on the hands or sidesof persons playing a game:
(1) loses any money or other property; and
(2) delivers any part of the money or other property;
the person may bring a civil action, within one hundred eighty (180)days, to recover the money or other property so lost and delivered.
As added by P.L.1-1998, SEC.11.
IC 34-16-1-3
Pleading
Sec. 3. In the civil action, it is sufficient for the plaintiff to allegethat the defendant has received the money or other property so lostand delivered.
As added by P.L.1-1998, SEC.11.
IC 34-16-1-4
Prosecuting attorney; civil action to recover losses
Sec. 4. If, within the one hundred eighty (180) day period, theperson fails to sue or to effectively prosecute the action, theprosecuting attorney of the county shall bring a civil action torecover the money or other property so lost and delivered, in thename of the state and for the benefit of:
(1) the person's dependent children who are less than eighteen(18) years of age and the person's spouse; or
(2) if there are no children or spouse, the state general fund.
As added by P.L.1-1998, SEC.11. Amended by P.L.246-2005,SEC.224.
IC 34-16-1-5
Discovery
Sec. 5. A person who is sued under this chapter (or IC 34-4-28
before its repeal) shall answer, under oath or affirmation, questionsconcerning the money or other property the defendant is alleged tohave received.
As added by P.L.1-1998, SEC.11. Amended by P.L.1-2009, SEC.161.