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I lost several times in Atlantic city over the year and paid

my markers promptly But recently I...
I lost several times in Atlantic city over the year and paid my markers promptly
But recently I signed 3 markers and found that I can't cover or pay , I live in fl , what is the penalty or what should I do
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Answered in 58 minutes by:
10/13/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unlike NV which makes failure to pay a casino marker a criminal offense, NJ holds that this type of marker is a loan to the gambler and it is handled like any other loan. NJ holds "that a loan made for casino gambling in Atlantic City[, New Jersey] is legal." Gottlob v. Lopez, 205 N.J.Super. 417, 420, 501 A.2d 176 (1985). Thus, under New Jersey law, your debt would be enforcible like any other debt. See Adamar of New Jersey, Inc. v. Scandrett, 2006 WL(NNN) NNN-NNNN(N.J.Sup.Ct.App.Div.2006).

If you fail to pay the marker on time, they can sue you for breach of contract and seek to collect on and enforce the loan through garnishment or seizure of your property or levy on your bank accounts.

It is best for you to contact the casino in advance of the due date to try to negotiate a payment plan or some type of extension with them to pay the debt to avoid them suing you and obtaining a judgment against you that they will seek to enforce.



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Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 4 years ago

Thanks for answering my question . If admit to this this debt


and cannot reach a settlement with the casino on my unpaid


markers , all my assets are in an fl annuity the other asset


is my home , fl law the are Exempt from debtors , even my income


is from annuity , what can they do if they obtain a judgment which


I will not contest , if the casino realize I'm judgment free woul they take 30% in settlement which I may be able to borrow from my family in lebanon , which country is going through tough times ,


in the past I could and raise payment to cover my markers over the years


thank you

Thank you for your response.

Under FL law there are exemptions for income for primary wage earner, but if they sue in NJ and obtain a judgment in NJ and a garnishment order in NJ, the FL court has to enforce that NJ court garnishment order despite the FL exemption for the primary wage earner wages.

As far as your homestead, they can put a lien on your home, they would not generally be allowed to foreclose.

The annuity is generally exempt as well.

Thus, if you have no assets but wages, those can be taken I am afraid, so they may still try to come after you, but because that is all you have you may be in a better negotiation position with them.
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Customer reply replied 4 years ago

I have no wages and my house is worth less than the mortgage


, they have never sent the markers to my bank that has very little balance for the last 4 years , because I always wired funds from lebanon


in your first answer I read n.j division of gaming law it requires casinos to check on patrons bank Acc every 2 years or less I lost millions and now owe 3 markers to one casino 500k each and was told by my family they can't help me dew to the on going war in syria where they have most their assets , should I inform them of the facts I just found from my family


thank you

Thank you for your response.

Yes, you should discuss the circumstances with them to try to get more time. Also, you need to let them know you have no assets so even if they sue they will know that they cannot seize anything from you.

Be very careful here as well, since these businesses do not take kindly to losing this type of money and even if they do know you do not have any assets they can seize, they will still likely continue to try to pursue you in the event you get any assets in the future they can seize.
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Customer reply replied 4 years ago

Thanks for your help I will try to pay 25 to 30% of the outstanding markers , any business I do is owned by the annuity and family trust


My tax return show 0 income other than my annuity account which pays my bills and mortgage . I'm on social security and 70 year old , and no assets will ever be in my name , should they consider that and settle ?


Thank you

Thank you for your response.

You need to work on negotiating this with the casino because they will come after you even if they know they cannot recover right now because a judgment can be extended indefinitely and they can seek to recover from your estate. They may, given the circumstances here consider 30%-50% settlement, but you are going to have to really negotiate hard on that and you should use an attorney in NJ to do so to increase your chances of success if they refuse your initial efforts.
Law Educator, Esq.
Category: Legal
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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