Q: How to file a civil action under RSMo 434.030 for gambling losses?
I recently lost money and property through gambling activities and am considering filing a civil action under RSMo 434.030 to recover my losses. How do I go about initiating and effectuating this civil action? I've identified the party involved, know the specific amount, and have documented evidence of the gambling transaction.
A:
I had to look up that statute because it was unfamiliar to me. It’s an old one, but my quick research revealed barely any cases filed under it. Basically, you’d draft a petition like for most causes of action: identify the parties; shows jurisdiction and venue are proper; state facts showing the violation of the statute; and seek damages. The statute has an applicable 3-month statute of limitations. Such a short SOL is the shortest I’ve ever seen.
If enough money is at stake, hire an attorney.
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