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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 31478
Experience:  30 years experience representing clients.
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Is a check written at a casino in Minnesota legal if the

Customer Question

is a check written at a casino in Minnesota legal if the heck is non sufficient funds
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you this morning.

Expert:  Loren replied 1 year ago.

A bit of clarification would be helpful before I can answer. Are you asking if it is legal to write a check to a casino?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
I am. I wrote checks to a casino in Minnesota that I cannot cover. Are they legal?
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 year ago.

Unfortunately, yes, the checks may be legally enforced. While Minnesota statutes provide that checks issued for gambling debt are void, the statute also provides that the statute does not apply to checks written to casinos.

Expert:  Loren replied 1 year ago.

Here is a link to the statute: https://www.revisor.mn.gov/statutes/?id=541.21

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
The casino is on an Indian reservation.So where is the jurisdiction for this?
Expert:  Loren replied 1 year ago.

Federal law provides for state jurisdiction over criminal cases on reservation. See the following on point opinion for a discussion: http://mn.gov/web/prod/static/lawlib/live/archive/ctapun/0512/opa042046-1206.htm

Expert:  Loren replied 1 year ago.

The case is almost exactly the same situation you describe.

Expert:  Loren replied 1 year ago.

Also, the statute specifically excepts checks written to Indian casinos.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.