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New York, NY asked in Business Law, Internet Law, Civil Litigation and Gaming for Virginia

Q: How can I recover funds owed from a poker game played online?

In May, I played poker with someone using the website PokerNow and they lost $11,270, which was agreed over texts that he would pay. Despite multiple contacts via texts and calls where he affirmed he would pay, and attempts to contact his mother, I still have not received any payment. I was in Maryland, and he was in Virginia when playing. I am uncertain about the jurisdiction or the legality of online gambling agreements related to this situation. How can I proceed to recover the funds, and what legal considerations should I be aware of?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Recovering funds from an online poker game can be complicated because gambling agreements, especially across state lines, are often treated differently under the law. Many states, including Maryland and Virginia, have strict rules regarding online gambling, and contracts based on illegal activity may not be enforceable in court. This means that even though you have texts agreeing to payment, a court might view the debt as arising from an illegal gambling agreement.

You could attempt to resolve this outside of court by negotiating a repayment plan or using a mediator to document an agreement. If you want to pursue legal action, you would likely need to frame it as a general debt or loan rather than a gambling debt, depending on the laws of the states involved. Gathering all communications, receipts, or proof of transfer of money will strengthen your position.

Before filing any claim, it’s important to confirm the proper jurisdiction, as the defendant was in Virginia while you were in Maryland. Small claims court might be an option if you can frame the issue as a civil debt, but be aware of limits on the amount recoverable and the enforceability of judgments across state lines. You also need to consider whether pursuing this through legal channels could expose you to claims related to gambling laws. Carefully documenting all attempts to collect the money and communicating clearly in writing will help you preserve your options.

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