New Jersey Statutes
N.J. Stat. § 2A:40-5 (2026)
Action by loser to recover money or property lost at gaming, with costs; limitation
✓ current as of May 2026
If any person shall lose any money, goods, chattels or other valuable thing, in violation of section 2A:40-1 of this title, and shall pay or deliver the same or any part thereof to the winner, or to any person to his use, or to a stakeholder, such person may sue for and recover such money, or the value of such goods, chattels, or other valuable thing, from such winner, or from such depositary, or from such stakeholder, whether the same has been delivered or paid over by such stakeholder or not, in a civil action provided such action is brought within 6 calendar months after payment or delivery.
Notes of Decisions
Cited in 6
cases, 1978–2015 · leading case: Tose v. Greate Bay Hotel & Casino Inc., 819 F. Supp. 1312 (D.N.J. 1993).
Tose v. Greate Bay Hotel & Casino Inc., 819 F. Supp. 1312 (D.N.J. 1993). “New Jersey’s policy of protecting those who fall prey to gambling is also evident from N.J.S.A. § 2A:40-5, which provides that a person who loses money or property in an unlawful gambling operation may sue to recover the value of what was lost.”
Steven Price, Bruce Laxer, Lance Kuba, & Jeffrey Fishman, on Behalf of Themselves & All Other Similarly Situated Persons v. Pinnacle Brands, Inc., 138 F.3d 602 (5th Cir. 1998). “Law § 5-423 (McKinney 1989) and N.J. Stat. Ann. § 2A:40-5 (West 1987)). 15 .”
Holzsager v. Warburton, 452 F. Supp. 1267 (D.N.J. 1978). “One example is N.J.S.A. 2A:40-5, which requires an action to recover payments on gaming losses to be brought within 6 months after payment.”
Marina Dist. Dev. Co. v. Ivey, 93 F. Supp. 3d 327 (D.N.J. 2015). “”); *338 N.J.S.A. 2A:40-5 (explaining that if a person loses money pursuant to a violation of N.”
Glick v. MTV Networks, 796 F. Supp. 743 (S.D.N.Y. 1992). “, as stated in N.J.S.A. 2A:40-5], shall not, within [6 calendar months after payment or delivery], without collusion, sue for the money or other thing or things so lost and paid, or delivered, any other person may sue for and recover the same, with costs of suit, from such…”
Unknown. “16 To this contention of plaintiffs, Pinnacle responds that plaintiffs received a pack of trading cards for their money; “[t]hey got exactly what they paid for and they do not and cannot allege otherwise.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.