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11 votes
Accepted

If I use stolen money to gamble, do I get to keep the winnings?

There would be a civil remedy of the victim in a lawsuit requiring the thief to disgorge the profits. One form of this is to have a court declare that the stolen funds are held in constructive trust. ...
ohwilleke's user avatar
  • 218k
6 votes

If I use stolen money to gamble, do I get to keep the winnings?

Civil remedy The victim of the theft would have a cause of action in unjust enrichment, but they would have to, among other things, have “clean hands”. So, for example, if the victim and the thief ...
Dale M's user avatar
  • 211k
6 votes
Accepted

What legally happens if the person being sued cannot pay the amount owed. (Special Case)

In the US it's very simple: How does the party that makes the lawsuit get the money in this scenario? They don't. Winning a lawsuit against a person is a legal confirmation that they really do ...
Nate Eldredge's user avatar
6 votes
Accepted

What's the purpose of large judgments against a defendant that clearly can't pay?

When the matter is final (no more appeals), the winner in the suit will request a writ of execution to collect whatever is owed. This may involve seizing a person's cash, car and so on. There are ...
user6726's user avatar
  • 215k
5 votes

How to get current insurance information from car owner of son's hit-and-run charges

The criminal charges against the driver and his mother are police business, not yours. You have a civil case for damages against the driver, and possibly his mother on the theory that she enabled her ...
Paul Johnson's user avatar
  • 13.5k
4 votes

What's the purpose of large judgments against a defendant that clearly can't pay?

What happens in that situation? Available assets and income that aren't exempt from creditors (O.J. Simpson's trophies come to mind) are collected and the rest isn't collected and accumulate's post-...
ohwilleke's user avatar
  • 218k
4 votes

I'm owed compensation for assault. It's been almost 8 years and I haven't seen a penny

The important question is: was the £200 a fine (which is paid to the state) or compensation (which is paid to you)? Assuming it was a fine He doesn't (at the moment) owe you anything. However you ...
Martin Bonner supports Monica's user avatar
3 votes
Accepted

Can I collect restitution for stolen goods if my insurance has replaced them?

Check your insurance policy. Any restitution would normally go to the insurance company.
Paul Johnson's user avatar
  • 13.5k
3 votes

How to get current insurance information from car owner of son's hit-and-run charges

A standard response to a request for information is that police will not release information on an ongoing investigation. The statutory basis for this is Idaho Code 74-124, which exempts certain ...
user6726's user avatar
  • 215k
2 votes

What's the purpose of large judgments against a defendant that clearly can't pay?

Were there other defendants in the trial? It sometimes happens that the immediate wrongdoer, and a corporation who manufactured whatever implement was used, are both named as defendants. As an ...
EvilSnack's user avatar
  • 629
2 votes

I'm owed compensation for assault. It's been almost 8 years and I haven't seen a penny

There are certain crimes in the UK in which, if you commit the crime, not only can you be punished in a criminal trial, but you may separately be sued by the victim for compensation. In this case, ...
Shazamo Morebucks's user avatar
2 votes

contract law situation with no express agreement to pay

Depends on the circumstances https://law.stackexchange.com/a/6264/344 The key factor is whether, at the time, both A and B intended that a legally enforceable contract would come into effect. If they ...
Dale M's user avatar
  • 211k
1 vote

contract law situation with no express agreement to pay

In U.S. law, when one does work when there is an intent that the person doing it be paid but there is no specific agreement as to price, there is a legal entitlement to compensation for the fair ...
ohwilleke's user avatar
  • 218k
1 vote

What are the legal implications of Josh Pieters & Archie Manners's "gag" against Piers Corbyn?

Gift or Contract? Well, neither. Since one party had no intention of parting with the money supposedly being offered, this lacks the intent to be a gift and also the intent to create legal relations ...
Dale M's user avatar
  • 211k
1 vote

What legally happens if the person being sued cannot pay the amount owed. (Special Case)

There's a difference between "unable to pay off the debt" and "unable to pay anything". A jailed criminal probably won't be able to pay $1,000,000 just because a jury says he should, any more than he ...
Tim Lymington's user avatar

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