1. Can I get my gambling money back?
Gambling is illegal, so there is no way to recover it.
Gambling is illegal, so there is no way to recover it.
1, but you can report this illegal platform to the police.
1. If the perpetrator provides conditions for gambling for the purpose of profit, or participates in gambling with a large amount, he shall be detained for not more than five days or fined not more than 500 yuan;
2. If the circumstances are serious, the offender shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 3,000 yuan.
Second, if I don’t pay back the money I owe, can I get my gambling money back?
Borrowing money is not yet within the scope of civil litigation, and generally the police will not handle it. It is recommended that you file a lawsuit directly with the People's Court or hire a lawyer to file a lawsuit. There are many ways to recover arrears, such as negotiating with the other party and requesting payment. Negotiation is a good idea.
If negotiation fails, you can entrust a lawyer to send a lawyer's letter to the other party. A lawyer's letter can serve as a reminder and warning to the debtor. Urging the other party to repay the loan in a timely manner and bear liability for breach of contract is much more convenient than judicial channels, but it is not mandatory. If the other party refuses to return it, you will eventually need to file a lawsuit.
If no one can be found to file a lawsuit with the court, the court will declare a default judgment to be served. After you get a successful judgment, you can provide the court with clues about the other party's property such as vehicles, houses or deposits in the other party's name, apply for enforcement, freeze and auction the above properties to repay your debt.
If you have an IOU, you can use it as evidence. If there is no IOU, other evidence can be used, such as bank transfer records, telephone recordings, witness statements, etc. , which can prove the facts and amounts owed.
The statute of limitations for claims and debt disputes is 2 years, calculated from the date when the infringement was known or should have been known.
To sue, you need to go to the court where the defendant is located, which is usually the court of the place of residence or habitual residence (residing for more than one year). Of course, the specific situation and final handling method still need to be determined based on the case circumstances and evidence.
Private lending refers to lending between citizens, between citizens and legal persons, and between citizens and other organizations. As long as the intentions of both parties are true, it can be deemed valid, and the mortgage generated by the loan will also be valid, but the interest rate shall not exceed the relevant interest rate stipulated by the People's Bank of China. Private lending is divided into private individual lending activities and lending between citizens and financial enterprises. Private individual lending activities must strictly abide by the relevant provisions of national laws and administrative regulations, and follow the principles of voluntary mutual assistance and good faith.
1. The legitimacy of the lending relationship
Private lending is a market behavior that maximizes the utility of funds. When a lender lends its own funds to others, it is a disposal of its own property for the purpose of obtaining interest income; a borrower borrows other people's funds for the purpose of living and business operations, as well as for the convenience of life and the development of production.
Only legal lending relationships can be protected by law. If the borrower knows that the loan is used for illegal activities such as fraud, drug trafficking, and drug abuse, national laws will not protect it. The lender will not only lose its creditor's rights, but will also be subject to civil, administrative and even criminal legal sanctions. If one party takes advantage of someone else's situation, or uses fraud, coercion or other means to make the other party borrow money against its will, it is an invalid civil legal act and the responsible lender can only recover the principal.
I hope the above content can help you. If you have any other questions, please consult a professional attorney.
Legal basis: Article 266 of the "Criminal Law of the People's Republic of China", whoever commits the crime of defrauding public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall be concurrently or solely punished fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or Confiscation of property.