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Form a Business

Gambling Debts and Losses

NMSA 1978 ch. 44, art. 5
in effect

NMSA 1978, § 44-5-1 [Money and property losses; loser's right of action for recovery; nature of remedy.]

44-5-1. [Money and property losses; loser's right of action for recovery; nature of remedy.] Any person who shall lose any money or property at any game at cards, or at any gambling device, may recover the same by action of debt, if money; if property, by action of trover, replevin or detinue. Laws 1856-1857, p. 34; C.L. 1865, ch. 36, § 1; C.L. 1884, § 2290; C.L. 1897, § 3199; Code 1915, § 2507; C.S. 1929, § 58-101; 1941 Comp., § 25-1001; 1953 Comp., § 22-10-1.

NMSA 1978, § 44-5-2 [Contents of complaint.]

44-5-2. [Contents of complaint.] In such action it shall be sufficient for the plaintiff to declare generally as in actions for debt for money had and received for the plaintiff's use, or as in actions of trover or detinue for a supposed finding and the detaining or converting the property of the plaintiff to the use of the defendant whereby an action hath accrued to the plaintiff. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 2; C.L. 1884, § 2291; C.L. 1897, § 3200; Code 1915, § 2508; C.S. 1929, § 58-102; 1941 Comp., § 25-1002; 1953 Comp., § 22-10-2.

NMSA 1978, § 44-5-3 Action maintainable by spouse, children, heirs, executors, administrators and creditors or [of] loser

44-5-3. Action maintainable by spouse, children, heirs, executors, administrators and creditors or [of] loser The spouse, children, heirs, executors, administrators and creditors of the person losing may have the same remedy against the winner as provided in Sections 44-5-1 and 44-5-2 NMSA 1978. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 3; C.L. 1884, § 2292; C.L. 1897, § 3201; Code 1915, § 2509; C.S. 1929, § 58-103; 1941 Comp., § 25-1003; 1953 Comp., § 22-10-3; Laws 1973, ch. 59, § 1.

NMSA 1978, § 44-5-4 Judgments, conveyances and contracts founded on gambling loss void; suit to declare void; parties

44-5-4. Judgments, conveyances and contracts founded on gambling loss void; suit to declare void; parties All judgments, securities, bonds, bills, notes or conveyances, when the consideration is money or property won at gambling, or at any game or gambling device, shall be void, and may be set aside or vacated by any court of equity upon a bill filed for that purpose, by the person so granting, giving, entering into or executing the same or by any creditor or by his executors, administrators, or by any heir, purchaser or other persons interested therein; provided however, that the holder in due course of any such security, bond, bill or note which is otherwise negotiable holds such instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of such instrument for the full amount thereof against all parties liable thereon. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 4; C.L. 1884, § 2293; C.L. 1897, § 3202; Code 1915, § 2510; C.S. 1929, § 58-104; 1941 Comp., § 25-1004; 1953 Comp., § 22-10-4; Laws 1955, ch. 77, § 1.

NMSA 1978, § 44-5-5 [Defense in action by assignee.]

44-5-5. [Defense in action by assignee.] The assignment of any bond, bill, note, judgment, conveyance or other security, shall not affect the defense of the person executing the same. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 5; C.L. 1884, § 2294; C.L. 1897, § 3203; Code 1915, § 2511; C.S. 1929, § 58-105; 1941 Comp., § 25-1005; 1953 Comp., § 22-10-5.

NMSA 1978, § 44-5-6 [Loss by minor, servant or apprentice in grocery, store or dramshop; proprietor liable; who may sue.]

44-5-6. [Loss by minor, servant or apprentice in grocery, store or dramshop; proprietor liable; who may sue.] If any minor, servant or apprentice shall lose any money or property in any grocery, store or dramshop by betting at cards, or any other gambling device, or by any other bet, wager or hazard whatever, the father, mother, relations or guardian of such minor, or the master of such apprentice or servant may sue for and recover from the keeper of such grocery, store or dramshop, such money or property or the value thereof, so lost by such minor, apprentice or servant. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 6; C.L. 1884, § 2295; C.L. 1897, § 3204; Code 1915, § 2512; C.S. 1929, § 58-106; 1941 Comp., § 25-1006; 1953 Comp., § 22-10-6.

NMSA 1978, § 44-5-7 [How defenses under this article may be asserted.]

44-5-7. [How defenses under this article may be asserted.] Any matter of defense, under this chapter [44-5-1 to 44-5-14 NMSA 1978], may be specially pleaded, or given in evidence, under the general issue. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 7; C.L. 1884, § 2296; C.L. 1897, § 3205; Code 1915, § 2513; C.S. 1929, § 58-107; 1941 Comp., § 25-1007; 1953 Comp., § 22-10-7.

NMSA 1978, § 44-5-8 [Suit before magistrate; interrogatories to defendant.]

44-5-8. [Suit before magistrate; interrogatories to defendant.] In all suits, under this chapter [44-5-1 to 44-5-14 NMSA 1978], before a justice of the peace [magistrate], the plaintiff may call in the defendant to answer, on oath, any interrogatory touching the case, and if the defendant refuse to answer, the same shall be taken as confessed. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 8; C.L. 1884, § 2297; C.L. 1897, § 3206; Code 1915, § 2514; C.S. 1929, § 58-108; 1941 Comp., § 25-1008; 1953 Comp., § 22-10-8.

NMSA 1978, § 44-5-9 [Answer to interrogatories not evidence in criminal prosecution.]

44-5-9. [Answer to interrogatories not evidence in criminal prosecution.] Such answer shall not be admitted against such person as evidence in any criminal proceeding. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 9; C.L. 1884, § 2298; C.L. 1897, § 3207; Code 1915, § 2515; C.S. 1929, § 58-109; 1941 Comp., § 25-1009; 1953 Comp., § 22-10-9.

NMSA 1978, § 44-5-10 [Election bets included.]

44-5-10. [Election bets included.] Bets and wagers on an election authorized by the constitution and laws of the United States, or by the laws of this state, are gaming within the meaning of this chapter [44-5-1 to 44-5-14 NMSA 1978]. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 10; C.L. 1884, § 2299; C.L. 1897, § 3208; Code 1915, § 2516; C.S. 1929, § 58-110; 1941 Comp., § 25-1010; 1953 Comp., § 22-10-10.

NMSA 1978, § 44-5-11 [Stakeholder's liability; demand required.]

44-5-11. [Stakeholder's liability; demand required.] Every stakeholder who shall knowingly receive any money or property, staked upon any betting, declared gaming by the provisions of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet, and the delivery of the money or property to the winner shall be no defense to an action brought by the loser for the recovery thereof: provided, that no stakeholder shall be liable afterwards, unless a demand has been made upon such stakeholder for the money or property in his possession previous to the expiration of the time agreed upon by the parties for the determination of such bet or wager. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 11; C.L. 1884, § 2300; C.L. 1897, § 3209; Code 1915, § 2517; C.S. 1929, § 58-111; 1941 Comp., § 25-1011; 1953 Comp., § 22-10-11.

NMSA 1978, § 44-5-12 [Garnishment against winner in action by creditor against loser.]

44-5-12. [Garnishment against winner in action by creditor against loser.] Any creditor to any person losing by any game at cards or any other gambling device, in addition to the remedy provided by the above sections of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall have the right to garnishee the winner in any proceeding by attachment or execution, and the same proceeding shall be had thereon as if such winner were a debtor of the party losing to the amount of money, property, rights or credits, that may appear to have been so won by said winner from the party losing. Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 12; C.L. 1884, § 2301; C.L. 1897, § 3210; Code 1915, § 2518; C.S. 1929, § 58-112; 1941 Comp., § 25-1012; 1953 Comp., § 22-10-12.

NMSA 1978, § 44-5-13 [Time for commencing action.]

44-5-13. [Time for commencing action.] Any action for money or property brought under this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be commenced within one year from the time such action accrued, and not afterwards. Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 13; C.L. 1884, § 2302; C.L. 1897, § 3211; Code 1915, § 2519; C.S. 1929, § 58-113; 1941 Comp., § 25-1013; 1953 Comp., § 22-10-13.

NMSA 1978, § 44-5-14 Action for recovery; immunity

44-5-14. Action for recovery; immunity All persons who shall claim money or property lost at gaming, or when said money or property may be claimed by his spouse, child, relation or friend, said person, although he may have gambled, is hereby exempted from the punishment imposed by the laws prohibiting and restraining gaming. Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 14; C.L. 1884, § 2303; C.L. 1897, § 3212; Code 1915, § 2520; C.S. 1929, § 58-114; 1941 Comp., § 25-1014; 1953 Comp., § 22-10-14; Laws 1973, ch. 59, § 2.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18545/index.doFetched: 10/20/2026

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