Judgments, conveyances and contracts founded on gambling loss void suit to declare void parties. 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.Ĥ4-5-4. Action maintainable by spouse, children, heirs, executors, administrators and creditors or loser. 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.Ĥ4-5-3. Īny 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. Betting on sports futures, props and lay betsĬhapter 44, Article 5, Gambling Debts and LossesĤ4-5-1.