2021 Georgia Code
Title 13 - Contracts
Chapter 8 - Illegal and Void Contracts Generally
Article 1 - General Provisions
§ 13-8-3. Gambling Contracts

1. Gambling contracts are void; and all evidences of debt, except negotiable instruments in the hands of holders in due course or encumbrances or liens on property, executed upon a gambling consideration, are void in the hands of any person.
2. Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same within six months after the loss and, after the expiration of that time, by institution of an action by any person, at any time within four years, for the joint use of himself and the educational fund of the county.

(Laws 1764, Cobb's 1851 Digest, p. 725; Laws 1765, Cobb's 1851 Digest, p. 727; Code 1863, § 2717; Code 1868, § 2711; Code 1873, § 2753; Code 1882, § 2753; Civil Code 1895, § 3671; Civil Code 1910, § 4256; Ga. L. 1924, p. 126, § 57; Code 1933, § 20-505.)

- Gambling generally, § 16-12-20 et seq.

- For note, "Recovery of Losses on Cotton Futures," see 1 Ga. L. Rev. No. 1, p. 43 (1927). For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970). For note, "Why Georgia Should Get Off the Bench and Profit from the Inevitability of Sports Betting,” see 36 Ga. St. U.L. Rev. 845 (2020). For comment on Moore v. Atlantic Athletic Club, 79 Ga. App. 41, 52 S.E.2d 628 (1949), denying recovery to informer of money lost to slot machine, see 1 Mercer L. Rev. 314 (1950).

ANALYSIS

• General Consideration
• Constitutionality
• Actions

RESEARCH REFERENCES

C.J.S.

- 17 C.J.S., Contracts, §§ 116, 215 et seq., 280. 17A C.J.S., Contracts, § 301.

- Contracts of present sale of personal property with options as gambling contracts, 1 A.L.R. 1548.

Agreement by which division of gate money depends upon outcome of game or contest as a wagering contract, 29 A.L.R. 430.

Right of one in possession of fruits of illegal transaction to which he was not party to invoke rule against granting relief in support of such transaction, 50 A.L.R. 293.

Who is nonprofessional or casual gambler within statute relating to recovery of gambling losses which in terms or by construction distinguishes between professional and nonprofessional or casual gamblers, 141 A.L.R. 941.

Rights and remedies in respect of property pledged for payment of gambling debt, 172 A.L.R. 701.

Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 A.L.R.2d 500.

Assignment of, or succession to, statutory right of action for recovery of money lost at gambling, 18 A.L.R.2d 999.

Action to recover money or property lost and paid through gambling as affected by statute of limitations, 22 A.L.R.2d 1390.

Recovery of money or property lost through cheating or fraud in forbidden gambling or game, 39 A.L.R.2d 1213.

Rights of owner of stolen money as against one who won it in gambling transaction from thief, 44 A.L.R.2d 1242.

Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A.L.R.2d 1080.

Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.

Law of forum against wagering transactions as precluding enforcement of claim based on gambling transactions valid under applicable foreign law, 71 A.L.R.3d 178.

Fraud as extending statutory limitations period for contesting will or its probate, 48 A.L.R.4th 1094.

Enforceability of contract to share winnings from legal lottery ticket, 90 A.L.R.4th 784.

Right to recover money lent for gambling purposes, 74 A.L.R.5th 369.