A gambling debt which is legal can be collected by a civil suit in Michigan and no debts from illegal gambling can be collected under law. This debt must result from a game of chance coming under the purview of Michigan Gaming Control and Revenue Act or any other statute relating to lottery or bingo playing. Gambling in casinos built on land owned by Native American or in trust by the USA also falls under this jurisdiction.
Your requirements:
Notice of demand
- The notice of demand should mention details relating to nature and date of the debt as also the period within which payment should be made as also the names of both the parties as well the amount and address of the business. The terms of play should fall under legal gambling as no illegal debts can be claimed.
- Legal procedure to collect through a specific plan and by way of a cashier’s check or money order so that proper record is kept.
- Letter needs to be sent by certified mail requesting delivery proof confirming that the relevant individual has received the notice and address is authentic which a must for a civil suit is.
- From December 2010, gambling activities have been legalized on Native American land and a civil suit can be filed in a state court. But the defendant might insist on a tribal court for the hearing.
- The court requires proof that the summons and a complaint has been notified to the defendant which is served via a court, through certified mail or an individual of major age not connected to the case. The summons should specify a date for the hearing.
- The court should be presented with evidence of the legality of the claim and challenge any argument to the contrary. No gambling debt which is based on illegal activities or bets can be recovered under law.
- Show the court through authentic witnesses that the gambling occurred on a legal and enforceable contract between two capable parties.
- A writ of execution needs to be filed after a favorable judgment and payment period expires. This writ needs to be enforced by proper law enforcement authority.
- Complete legal process of paper work and fees which will allow the Sheriff enforcement of the writ by a lien on property or attaching the wages or bank account of the defendant.