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Can he/she sue me?

Topic closed. 21 replies. Last post 8 years ago by TheGameGrl.

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Posted: February 27, 2009, 2:02 pm - IP Logged

Let's say that I pay for a Mega Millions ticket but I had my friend pick 3 numbers "just for kicks".  I told my friend that I would buy him his dream car, a 2009 Dodge Charger SRT8, if I win.    If all of my numbers match and I win, even after buying him his dream car, could he sue me to get a big share of my lottery winnings just because he picked 3 numbers?

 

Just asking because I heard so many things people do to lotto winners to get  a share of the money.

    ThatScaryChick's avatar - x1MqPuM
    Idaho
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    Posted: February 27, 2009, 2:07 pm - IP Logged

    Yeah, he could sue you, but people can sue anybody for anything. Would he win? Maybe, maybe not. It probably depends on how good of case he has (if he has some proof that you said you would share with him) and if he has a good lawyer. LOL

    "No one remembers the person who almost climbed the mountain, only the person who eventually gets to the top."

      justxploring's avatar - villiarna
      Wandering Aimlessly
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      Posted: February 27, 2009, 2:20 pm - IP Logged

      Although there is such a thing as a verbal contract, the Lottery rules are usually very clear.   If you are the ticket bearer and your signature is on the back, it's your money.  We've had debates here about finding a ticket, etc., but in this case, if you paid for it and the surveillance camera shows you as the buyer, I don't see how he can have a case at all.

      By the way, if a friend of mine picked 3 numbers and I won, I'd probably split the jackpot.  After all, there are only 5 numbers and the MB.   Maybe if he only picked the MB or 1 of the numbers, I'd buy him a car.  But 3 is 1/2 of the total numbers played on a ticket!  I'd be very grateful.

      Still, I don't share my tickets and never ask people for numbers, so that's never going to happen.

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        Posted: February 28, 2009, 3:13 am - IP Logged

        For the most part, the lottery's rules are completely irrelevant to any contract that players may have about splitting the proceeds. The only significance of the ticket being a bearer instrument is that proving ownership may be difficult if there's a dispute. If there's a legitimate contract about how to share any proceeds, it will be proving the details of the contract that matters. In the example from the original (and apparently paranoid) poster, I'd say the only requirement of the contract was that  the friend would be given a car, so the contract was fulfilled when the winner bought him the car.

          fja's avatar - gnome1

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          Posted: February 28, 2009, 9:14 am - IP Logged

          For the most part, the lottery's rules are completely irrelevant to any contract that players may have about splitting the proceeds. The only significance of the ticket being a bearer instrument is that proving ownership may be difficult if there's a dispute. If there's a legitimate contract about how to share any proceeds, it will be proving the details of the contract that matters. In the example from the original (and apparently paranoid) poster, I'd say the only requirement of the contract was that  the friend would be given a car, so the contract was fulfilled when the winner bought him the car.

          Although I agree with Ky Floyd that the contract would be fullfilled, if the friend sued you he would be spinning a tale of you promising to split and not doing so.  The car can be interpreted as a sign of guilt on your part, and probably evidence that he did assist you in some manner.  The fact that he is lying about the verbal agreement is evident to you, but to a resonable person (judge/Jury), this can pose it's own challenges. 

          "Everybody has to believe in something...I believe I'll have another beer!"   = W.C.Fields                      

            RJOh's avatar - chipmunk
            mid-Ohio
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            Posted: February 28, 2009, 9:41 am - IP Logged

            I suppose if you only bought one ticket and won, an ex-friend who suggested three of the numbers you played might make a convincing argument to someone that he deserved a large share of your winnings. 

            Such a case would be harder to make if I was a winner because I always play more than one line using at least 25 different numbers.  Besides for me playing the lottery is a personal experience that I never share with others because I'm not interested in hearing their opinions about how or what I play.

             * you don't need to buy more tickets, just buy a winning ticket * 
               
                         Evil Looking       

              jackpotismine's avatar - kanji for_peace.jpg
              Kunming
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              Posted: February 28, 2009, 10:11 am - IP Logged

              Although there is such a thing as a verbal contract, the Lottery rules are usually very clear.   If you are the ticket bearer and your signature is on the back, it's your money.  We've had debates here about finding a ticket, etc., but in this case, if you paid for it and the surveillance camera shows you as the buyer, I don't see how he can have a case at all.

              By the way, if a friend of mine picked 3 numbers and I won, I'd probably split the jackpot.  After all, there are only 5 numbers and the MB.   Maybe if he only picked the MB or 1 of the numbers, I'd buy him a car.  But 3 is 1/2 of the total numbers played on a ticket!  I'd be very grateful.

              Still, I don't share my tickets and never ask people for numbers, so that's never going to happen.

              I Agree! Don't make any promises. Pick you're own numbers. People can sue you for anything even if just to put you through the ringer. Remember the case of the woman that sued McDonald because the coffee was too hot and she got burned? Duh, coffee is suppose to be hot. Pick your own numbers.

              Play to win!

                GamerMom's avatar - tails

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                Posted: February 28, 2009, 11:01 am - IP Logged

                Although there is such a thing as a verbal contract, the Lottery rules are usually very clear.   If you are the ticket bearer and your signature is on the back, it's your money.  We've had debates here about finding a ticket, etc., but in this case, if you paid for it and the surveillance camera shows you as the buyer, I don't see how he can have a case at all.

                By the way, if a friend of mine picked 3 numbers and I won, I'd probably split the jackpot.  After all, there are only 5 numbers and the MB.   Maybe if he only picked the MB or 1 of the numbers, I'd buy him a car.  But 3 is 1/2 of the total numbers played on a ticket!  I'd be very grateful.

                Still, I don't share my tickets and never ask people for numbers, so that's never going to happen.

                i won't even get tickets for anybody (I live in a non lottery state and drive to florida to get mine).  Someone said something to me the other day jokingly "I ought to give you some dollars to get me some powerball tickets"  I said nothing in reply and i think she got the hint.  I could imagine the lawsuit over that if she won; she would claim i kept her tickets and gave her mine.  or if she won i would never get over it.  she even said "If I won i'd give you $5 for gas...hahaha"  um not funny.

                  DC81's avatar - batman39
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                  Posted: February 28, 2009, 11:29 am - IP Logged

                  I Agree! Don't make any promises. Pick you're own numbers. People can sue you for anything even if just to put you through the ringer. Remember the case of the woman that sued McDonald because the coffee was too hot and she got burned? Duh, coffee is suppose to be hot. Pick your own numbers.

                  I would suggest you actually do a bit of research on the case before going by the media's portrayal of it.

                  You can't predict random.

                    Blackie's avatar - Norfolk 20Sunrise%20Nov%2016.jpg
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                    Posted: February 28, 2009, 2:28 pm - IP Logged

                    Let's say that I pay for a Mega Millions ticket but I had my friend pick 3 numbers "just for kicks".  I told my friend that I would buy him his dream car, a 2009 Dodge Charger SRT8, if I win.    If all of my numbers match and I win, even after buying him his dream car, could he sue me to get a big share of my lottery winnings just because he picked 3 numbers?

                     

                    Just asking because I heard so many things people do to lotto winners to get  a share of the money.

                    I think the key is "just for kicks".  That could be a verbal agreement meaning just for the hell of it. Doesn't mean a share of it, but it has to be what was said at the time. Also whether this friend agreed to be happy with the promise of a new Dodge Charger if YOU win such as I win as you stated and be happy with the car when told I , such as you , will buy you a new car if I win , not if we win.

                    I'm no lawyer but I have seen first hand the way a lawyer can turn the simple word or words you say to mean something totally different than what you actually said.

                    Also it would depend on if that person paid for the ticket or at least helped pay for it by giving you half of the cost . Sometimes in these cases it is better to draw up a contract like those in a lottery pool do.

                     

                     Good Luck,

                    Blackie.                           

                      MillionsWanted's avatar - 24Qa6LT

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                      Posted: February 28, 2009, 3:15 pm - IP Logged

                      I wouldn't ask a friend of mine for three numbers to play on the lottery if my intention wasn't to share the winning with him.

                        larry3100's avatar - larry icon2.jpg
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                        Posted: February 28, 2009, 6:06 pm - IP Logged

                        If my friend gave me three numbers that got me the mega lottery.I would thank him and give him a car,house and a all paid trip to anywhere in the world.But if my friend gave me the three numbers and half the money of that ticket,it's a new ballgame.We would have to split it two ways.End of story. Cheers

                          ArtVandalay's avatar - 3237774708 dd3351ee2c_m.jpg
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                          Posted: March 2, 2009, 12:52 am - IP Logged

                          Concerning Verbal Contracts.  "A verbal contract isn't worth the paper it's written on."

                          Money can't buy you happiness, but I sure could afford the misery that it brings! Wink

                            LEELEESMOMMY's avatar - Lottery-017.jpg
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                            Posted: March 2, 2009, 3:47 pm - IP Logged

                            1st I want to say that verbal contracts are enforceable - 2nd it all depends on what the parties understood the agreement to be. Lastly, if you think your friend would sue you - pick ur own numbers

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                              Posted: March 2, 2009, 10:31 pm - IP Logged

                              Let's say that I pay for a Mega Millions ticket but I had my friend pick 3 numbers "just for kicks".  I told my friend that I would buy him his dream car, a 2009 Dodge Charger SRT8, if I win.    If all of my numbers match and I win, even after buying him his dream car, could he sue me to get a big share of my lottery winnings just because he picked 3 numbers?

                               

                              Just asking because I heard so many things people do to lotto winners to get  a share of the money.

                              Verbal contracts are not enforceable in a court of law. (most lawyers)

                               

                              [but]

                               

                              Money can't buy you love.  (Lennon & McCartney)

                               

                              [however]


                              To have a friend is to be one.  (Emerson)

                               

                              [keep in mind]


                              Nobody loves you when you are down and out.  (title of a famous song, author I cannot now remember!)

                               

                              When you are UP and RICH, remember your TRUE friends, as well as the poor and all the oppressed.  Remember them when you are not rich. (just my view)