The basic starting point for the research leading to the information in the table below is drawn from 162 American Law Reports 1224, which contains the annotation: Gambler's right to recover money lost by him as including money belonging to others. The annotation is very much out of date, having been written over 50 years ago. I have read all the statutes that are summarized in the table below and have attempted to discover any similar laws in other states
I would appreciate advice from any reader who may know of laws in other states that have the same effect as those summarized in the table, or of changes in the laws that are summarized.
The following table presents information about laws in those states that in which I have been able to find specific statutes authorizing the recovery of gambling losses.
The table contains the following columns:
State: Shows the name of the particular state.
Statute Section: Gives the applicable section of that state's statutes.
Recover: Indicates if a gambling loss is recoverable. If the table has blank rows after the name of a state, then I have not been able to find a specific gambling loss recovery loss statute.
By 3d Party: Indicates whether a third party may seek to recover a gambling loss if the actual loser does not do so. In some cases only the state's law enforcement authorities are authorized third parties.
Treble: Indicates whether the statute allows for treble recovery in certain circumstances.
Statute of Limitation: Sets forth my best guess as to the time frame within which a suit may be brought by the loser and/or a third party to recover gambling losses.
| State |
Statute Reference |
Recover |
By 3d Party |
Treble |
Statute of Limitations |
| Alabama |
8-1-150 |
Yes |
No |
No |
12 months |
| Alaska |
|
|
|
|
|
| Arizona |
|
|
|
|
|
| Arkansas |
16-118-103 |
Yes |
No |
No |
90 days |
| California |
|
|
|
|
|
| Colorado |
|
|
|
|
|
| Connecticut |
52-553 & 52-554 |
Yes |
No |
No |
3 months |
| Delaware |
|
|
|
|
|
| District of Columbia |
16-705 |
Yes |
Yes |
Yes |
3 months + normal civil action ? |
| Florida |
849.12, 849.26 & 849.29 |
Yes |
No |
No |
Normal civil action? |
| Georgia |
13-8-3(b) |
Yes |
Yes |
No |
4 years |
| Hawaii |
|
|
|
|
|
| Idaho |
|
|
|
|
|
| Illinois |
5/28.8 |
Yes |
Yes |
Yes |
6 months |
| Indiana |
34-16-1 |
Yes |
Yes |
No |
6 months |
| Iowa |
|
|
|
|
|
| Kansas |
|
|
|
|
|
| Kentucky |
372.020 & 372.040 |
Yes |
Yes |
Yes |
5 years. |
| Louisiana |
|
|
|
|
|
| Maine |
|
|
|
|
|
| Maryland |
12-110 |
Yes |
No |
No |
Normal Statute of Limitations |
| Massachusetts |
Chapter 137, Sec. 1 |
Yes |
Yes |
Yes |
3 months + normal civil action ? |
| Michigan |
750.315 |
Yes |
No |
No |
3 months (1) |
| State |
Statute Reference |
Recover |
By 3d Party |
Treble |
Statute of Limitations |
| Minnesota |
541.20 |
Yes |
No |
No |
Normal Statute of Limitations |
| Mississippi |
87-1-5 |
Yes |
No |
No |
Normal Statute of Limitations |
| Missouri |
434.030 et seq. |
Yes |
No |
No |
3 months |
| Montana |
23-4-131 |
Yes |
No |
No |
1 year |
| Nebraska |
|
|
|
|
|
| Nevada |
|
|
|
|
|
| New Hampshire |
338:3 |
Yes |
No |
No |
Normal Statute of Limitations |
| New Jersey |
2A:40-5 & -6 (2) |
Yes |
Yes |
No |
1 year |
| New Mexico |
44-5-1 |
Yes |
No |
No |
1 Year |
| New York |
5-419 & 5-421 |
Yes |
No |
No |
3 months or longer |
| North Carolina |
|
|
|
|
|
| North Dakota |
|
|
|
|
|
| Ohio |
3763.02 |
Yes |
Yes |
No |
6 months + Normal Statute of Limitations? |
| Oklahoma |
|
|
|
|
|
| Oregon |
30.74 |
Yes |
No |
Double |
Normal Statute of Limitations |
| Pennsylvania |
|
|
|
|
|
| Rhode Island |
|
|
|
|
|
| South Carolina |
32-1-10 |
Yes |
Yes |
Quadruple |
3 months + normal Statute of Limitations? |
| South Dakota |
21-6-1 |
Yes |
(3) |
No |
6 months |
| Tennessee |
28-3-106 |
Yes |
No, except for benefit of spouse or children |
No |
90 days to 27 months |
| Texas |
|
|
|
|
|