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Who' s to say...

Topic closed. 19 replies. Last post 3 years ago by billionaire2bee.

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Posted: October 17, 2013, 12:46 pm - IP Logged

If you win a jackpot and go to collect, but a buddy or relative who was with you at the time you bought the ticket says you have or had an oral agreement and decided to sue you for half.....Who's to say they aren't lying or that you are telling the truth?? I mean it's happened before...Bud Post...remember him? This guy Samir H. over on the news page is going thru the same thing as Post was too...So how do you keep people who just claim you had an "oral" agreement when you win from trying to rip you off??

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    Marana AZ
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    Posted: October 17, 2013, 1:30 pm - IP Logged

    The best advice is never pool money with anybody to buy tickets, make sure you and you alone go to buy the ticket, and establish a paper trail that you are playing for yourself and no one else.

    Make a comment on LotteryPost. Tell the clerk you buy the ticket from. Let all your friends and family know so they can be witnesses if needed. "I play by myself, for myself."

    The common theme in these lawsuits is that people are fast and loose with money and tickets. Since Samir's sister sometimes gave him money to play, the door was open for her to claim that she gave money toward the winner. Dumb, dumb, dumb.

    If you don't think you're going to win and don't think any such issues will come up, you shouldn't be playing!!

      maringoman's avatar - images q=tbn:ANd9GcTbRxpKQmOfcCoUqF2FyqIOAwDo7rg9G-lfJLAALPGWJWwiz19eRw
      Massachusetts
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      Posted: October 17, 2013, 4:25 pm - IP Logged

      So how do you keep people who just claim you had an "oral" agreement when you win from trying to rip you off??

      Once you win you don't run your mouth like a politician at a campaign rally. Those who believe in blood suckers, I mean lawyers, should go for them asap. If you claim before you let out the news then the money will already be in your possession. But if the leech sues you before you claim, then the judge will order a stoppage of the payout. Then the lengthy court process could last years with appeals after appeals. If you claim before the news of your win gets out then even if the leech sues you, the judge would need a strong reason to freeze "your" money.

      That money's gone fo ever

        Artist77's avatar - batman14

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        Posted: October 17, 2013, 7:50 pm - IP Logged

        The best advice is never pool money with anybody to buy tickets, make sure you and you alone go to buy the ticket, and establish a paper trail that you are playing for yourself and no one else.

        Make a comment on LotteryPost. Tell the clerk you buy the ticket from. Let all your friends and family know so they can be witnesses if needed. "I play by myself, for myself."

        The common theme in these lawsuits is that people are fast and loose with money and tickets. Since Samir's sister sometimes gave him money to play, the door was open for her to claim that she gave money toward the winner. Dumb, dumb, dumb.

        If you don't think you're going to win and don't think any such issues will come up, you shouldn't be playing!!

        Excellent on point practical advice!

        J'aime La France.


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          Posted: October 17, 2013, 8:58 pm - IP Logged

          So how do you keep people who just claim you had an "oral" agreement when you win from trying to rip you off??

          Once you win you don't run your mouth like a politician at a campaign rally. Those who believe in blood suckers, I mean lawyers, should go for them asap. If you claim before you let out the news then the money will already be in your possession. But if the leech sues you before you claim, then the judge will order a stoppage of the payout. Then the lengthy court process could last years with appeals after appeals. If you claim before the news of your win gets out then even if the leech sues you, the judge would need a strong reason to freeze "your" money.

          Didnt happen with Bud Post...he didnt run his mouth, the woman who sued him sued after he collected his money and she still got either a third or half his payments cant remember which...and it wasnt a lenghty court process either

            Pita Maha's avatar - 940d8157 d1fb-4f70-a715-6ad04d915489.jpg
            SW Florida
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            Posted: October 17, 2013, 9:20 pm - IP Logged

            I think that even if you never pool with anybody and lay low after winning, you still run the risk of someone you know claiming you had an agreement with them and demanding their share. That's just the way some people are - brazen, without ethics, and greedy.  They take their chances, hoping for some judge to believe their story. And it seems that lottery winners are treated like people who don't deserve their money.

              RJOh's avatar - chipmunk
              mid-Ohio
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              Posted: October 17, 2013, 10:53 pm - IP Logged

              If you win a jackpot and go to collect, but a buddy or relative who was with you at the time you bought the ticket says you have or had an oral agreement and decided to sue you for half.....Who's to say they aren't lying or that you are telling the truth?? I mean it's happened before...Bud Post...remember him? This guy Samir H. over on the news page is going thru the same thing as Post was too...So how do you keep people who just claim you had an "oral" agreement when you win from trying to rip you off??

              I have always played alone and only for myself since all the multi-state games could be played locally.  Years ago when I went out of state to buy tickets, I would get some extra ones for friends but even then I gave them their tickets before the drawings so they knew which were theirs and which were mines.

              I don't discuss what I spend on tickets or discuss the numbers I play so no ones has any reason to expect a share of what I win even if they are family.  I keep records of what I spend and what I play.  Anyone trying to claim a share would have to explain how they could expect a share without any knowledge of the numbers I played or the amount I spent.

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

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                NY
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                Posted: October 18, 2013, 2:31 am - IP Logged

                There is absolutely nothing you can do to prevent somebody from claiming you had an oral contract to share a prize with them.

                As long as you don't offer to share a prize with somebody there is absolutely no way they can prove that you had an oral contract to share with them.

                The idea about telling people you are playing alone is all well and good, but offers no proof that you didn't decide to make an exception for some reason. Swearing an affidavit that you generally play alone, but would insist on a written agreement explaining the details in the event that you ever entered into any kind of sharing agreement since oral agreements are usually very difficult to prove might be persuasive in the event of a lawsuit.


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                  Posted: October 18, 2013, 9:19 am - IP Logged

                  I have always played alone and only for myself since all the multi-state games could be played locally.  Years ago when I went out of state to buy tickets, I would get some extra ones for friends but even then I gave them their tickets before the drawings so they knew which were theirs and which were mines.

                  I don't discuss what I spend on tickets or discuss the numbers I play so no ones has any reason to expect a share of what I win even if they are family.  I keep records of what I spend and what I play.  Anyone trying to claim a share would have to explain how they could expect a share without any knowledge of the numbers I played or the amount I spent.

                  Unfortunately in a civil trial the burden of proof would be on you...So anyone of your friends or family if they were that devious could say oh "he came over and said he won and he would give me a share of his winnings" How would you prove that you didnt say that if there were no witnesses or even if there were and they lied to back-up the claimant?? And spliting tickets is exactly what got Bud Post in the lawsuit he was involved in...so Im glad you stopped that

                    TooTallLuke's avatar - img 8jc7G2.jpg
                    Ontario
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                    Posted: October 18, 2013, 9:26 am - IP Logged

                    You need to be proactive. The only way you can prevent people from trying to rip you off is to never let anyone know you've won. Winning the lottery doesn't have to be like painting a giant bullseye on your back. Take steps today to help protect your win tomorrow. If your State allows blind-trusts, then use that. If your State doesn't allow it, but the next State over does, purchase your tickets there. Some State allows winners to remain anonymous, so again, purchase your tickets there. If these options are not available, then with the use of a good law firm, you could sell your winning ticket?

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                      Kentucky
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                      Posted: October 18, 2013, 10:42 am - IP Logged

                      Unfortunately in a civil trial the burden of proof would be on you...So anyone of your friends or family if they were that devious could say oh "he came over and said he won and he would give me a share of his winnings" How would you prove that you didnt say that if there were no witnesses or even if there were and they lied to back-up the claimant?? And spliting tickets is exactly what got Bud Post in the lawsuit he was involved in...so Im glad you stopped that

                      The burden of proof is on the plaintiff. RJ may have to prove he didn't enter into a verbal agreement, but only after the plaintiff presents evidence of a verbal agreement.

                      It's common in a work place with a large number of employees when someone will ask a regular lottery player to buy them a ticket or two especially when the jackpot is high. It's no big deal with self picks, but can be a big deal if the one or two tickets is mixed in with a large number of other QPs. It's probably not meant to be a con because it's a simple request, but becomes a con when a split is suggested and there will be a lawsuit if there is a winning ticket.

                      A one time request to buy and split the winnings of two tickets may turn into a lifetime verbal agreement. The sister in Canadian lawsuit gave her brother 1/3 of the cost of one ticket and now expects a cut of any future lottery winnings.

                        Artist77's avatar - batman14

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                        Posted: October 18, 2013, 7:05 pm - IP Logged

                        The burden of proof is on the plaintiff. RJ may have to prove he didn't enter into a verbal agreement, but only after the plaintiff presents evidence of a verbal agreement.

                        It's common in a work place with a large number of employees when someone will ask a regular lottery player to buy them a ticket or two especially when the jackpot is high. It's no big deal with self picks, but can be a big deal if the one or two tickets is mixed in with a large number of other QPs. It's probably not meant to be a con because it's a simple request, but becomes a con when a split is suggested and there will be a lawsuit if there is a winning ticket.

                        A one time request to buy and split the winnings of two tickets may turn into a lifetime verbal agreement. The sister in Canadian lawsuit gave her brother 1/3 of the cost of one ticket and now expects a cut of any future lottery winnings.

                        Looks like Stack paid attention to civics 101 in school.

                        J'aime La France.


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                          Posted: October 18, 2013, 7:19 pm - IP Logged

                          Rj having to PROVE that he didnt enter into a verbal agreement...that's his burden he has to prove...the plantiff will be bringing the suit will say that he entered into the agreement, RJ has to PROVE he didnt...on another note how do you prove you didnt enter into a verbal agreement?? Just by saying no I didnt?? Or what

                            Artist77's avatar - batman14

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                            Posted: October 18, 2013, 7:34 pm - IP Logged

                            "shifting the burden of proof n. in a lawsuit the plaintiff (the party filing suit) has the burden of proof to produce enough evidence to prove his/her/its basic (prima facie) case.  If that burden is met, then the burden of proof shifts to the other party, putting the defendant in the position of having the burden to prove he/she has a defense.  There may be shifts of burden of proof on specific factual issues during a trial, which may impact the opposing parties and their need to produce evidence."

                            J'aime La France.

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                              Marana AZ
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                              Posted: October 18, 2013, 7:43 pm - IP Logged

                              There is absolutely nothing you can do to prevent somebody from claiming you had an oral contract to share a prize with them.

                              As long as you don't offer to share a prize with somebody there is absolutely no way they can prove that you had an oral contract to share with them.

                              The idea about telling people you are playing alone is all well and good, but offers no proof that you didn't decide to make an exception for some reason. Swearing an affidavit that you generally play alone, but would insist on a written agreement explaining the details in the event that you ever entered into any kind of sharing agreement since oral agreements are usually very difficult to prove might be persuasive in the event of a lawsuit.

                              A common thread in these cases is that the person bringing the suit played together with the winner at some point. Which means the winner needs to establish that for some reason, this time they did not play together.

                              It would be much tougher for the person suing to establish that a person who never played with others and made that widely known somehow made an exception this time. When there just happened to be a big win.

                              Your idea of an affadavit is a good one.