Montana Code 23-5-131. Losses at illegal gambling may be recovered in civil action
23-5-131. Losses at illegal gambling may be recovered in civil action. A person, or the person’s dependent or guardian, who, by playing or betting at an illegal gambling device or illegal gambling enterprise, loses money, property, or any other thing of value and pays and delivers it to another person connected with the operation or conduct of the illegal gambling device or illegal gambling enterprise, within 1 year following the person’s loss, may:
Terms Used In Montana Code 23-5-131
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
(1)bring a civil action in a court of competent jurisdiction to recover the loss;
(2)recover the costs of the civil action and exemplary damages of no less than $500 and no more than $5,000; and
(3)join as a defendant any person having an interest in the illegal gambling device or illegal gambling enterprise.