Who' s to say...

Reply #19

billionaire2bee — Sat, 19 Oct 2013 11:44:57 GMT

You said if I ever......how do you know I havent already?? Since I could be standing next to you and you'd have no clue who I am anyways, I say go for it and file your suit...LOL

Reply #18

KY Floyd — Sat, 19 Oct 2013 06:57:58 GMT

If it can be proven that a winner played with other people regularly those people will certainly have a better chance of convincing a judge or jury that they were playing together when the winner won, but only if they were stupid enough to be doing it without a written agreement. If they played together only infrequently their claim will be that much weaker, and when they played together may be very persuasive. No longer working with people you occasionally played with would be significant. Play... [ More ]

Reply #17

KY Floyd — Sat, 19 Oct 2013 06:30:42 GMT

If you ever win, I trust that you'll just write me chcek for half of it and not bother wasting money on a lawyer to try and prove you didn't have a change of heart and promise me half. Hell, maybe I should claim you said you'd give me all of it.

Reply #16

billionaire2bee — Sat, 19 Oct 2013 01:15:06 GMT

Like the Bud Post case...

Reply #15

Stack47 — Sat, 19 Oct 2013 00:44:36 GMT

the plantiff will be bringing the suit will say that he entered into the agreement,

They can say Santa Claus and the Easter Bunny witnessed the agreement, but if they don't testify, the plaintiff still has to prove a verbal agreement existed. The plaintiff lists their allegations in a complaint, which would probably include a verbal agreement.

on another note how do you prove you didnt enter into a verbal agreement?? Just by saying no I didnt??

The term burden of proof must be confusi... [ More ]

Reply #14

EdG1955 — Fri, 18 Oct 2013 23:43:10 GMT

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.

Reply #13

Artist77 — Fri, 18 Oct 2013 23:34:14 GMT

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... [ More ]

Reply #12

billionaire2bee — Fri, 18 Oct 2013 23:19:15 GMT

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

Reply #11

Artist77 — Fri, 18 Oct 2013 23:05:44 GMT

Looks like Stack paid attention to civics 101 in school.

Reply #10

Stack47 — Fri, 18 Oct 2013 14:42:42 GMT

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... [ More ]

Reply #9

TooTallLuke — Fri, 18 Oct 2013 13:26:31 GMT

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... [ More ]

Reply #8

billionaire2bee — Fri, 18 Oct 2013 13:19:10 GMT

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

Reply #7

KY Floyd — Fri, 18 Oct 2013 06:31:07 GMT

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... [ More ]

Reply #6

RJOh — Fri, 18 Oct 2013 02:53:44 GMT

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 w... [ More ]

Reply #5

Pita Maha — Fri, 18 Oct 2013 01:20:53 GMT

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.

Reply #4

billionaire2bee — Fri, 18 Oct 2013 00:58:19 GMT

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

Reply #3

Artist77 — Thu, 17 Oct 2013 23:50:10 GMT

Excellent on point practical advice

Reply #2

maringoman — Thu, 17 Oct 2013 20:25:15 GMT

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 year... [ More ]

Reply #1

EdG1955 — Thu, 17 Oct 2013 17:30:01 GMT

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 g... [ More ]

Who' s to say...

billionaire2bee — Thu, 17 Oct 2013 16:46:18 GMT

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 yo... [ More ]