CHAPTER 1. GAMBLING DEBTS AND LOSSES
IC 34-16
ARTICLE 16. CAUSES OF ACTION: GAMBLING
DEBTS 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, or
other 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 the
purpose 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 sides
of 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 allege
that the defendant has received the money or other property so lost
and 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, the
person fails to sue or to effectively prosecute the action, the
prosecuting attorney of the county shall bring a civil action to
recover the money or other property so lost and delivered, in the
name 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, questions
concerning the money or other property the defendant is alleged to
have received.
As added by P.L.1-1998, SEC.11. Amended by P.L.1-2009, SEC.161.