Debt Enforcement Research Articles

Anteprojeto de Lei de execuuuo contra a Fazenda PPblica (Draft Bill of Debt Enforcement Against the Public Authorities)

Portuguese Abstract: Anais do III Seminario de Pesquisa e Extensao em Direito Processual Administrativo da Universidade Federal Fluminense. English Abstract: Annals of the 3rd Seminar of Research and Extension in Administrative Procedural Law of the UFF.

Enforcement of Gaming Debt

ACUSTOMER’S EASY ACCESS TO CREDIT when purchasing goods or services has become an integral part of today’s business landscape. These transactions often occur when the business and the customer enter a contract that allows the extension of credit from the enterprise with the requirement that the patron repay the debt at a future date. Generally, these contracts are deemed enforceable; however, sometimes the courts consider a contract to be unenforceable when defenses such as public policy are raised.1 Like other industries that issue advances to their customers, the casinos also enter contracts to provide immediate credit to their patrons to facilitate the many services they provide. In New Jersey and Nevada, approximately $5.0 Billion of credit is issued each year to patrons of gaming establishments.2 While the gaming industry is similar to other businesses in providing credit to its customers, the courts have treated their access to the legal system and the enforcement aspect of these debts very differently from other industries.3 Many courts have grappled with a number of different issues in confronting the dilemma of how to treat claims for gaming debts.4 Some courts have traditionally reasoned these contracts unenforceable on the grounds that public policy prohibits access to the courts and the enforcement of casino credit due to incurrence of the debt for gambling purposes.5 Other courts have deemed the contracts unenforceable because the subject matter of the contract was illegal.6 However, some courts have allowed criminal prosecution under a state’s bad check statutes.7 Regardless the approach in enforcing the debt, the extension of credit in gaming has become vital in facilitating and furthering the goals of companies conducting business in the industry.8 This extension of credit to its customers has developed into an intricate system whereby the casino provides easier and wider access to its services while increasing the wagering activity of its patrons.9 Moreover, by receiving casino credit, the customer does not face the security risk of carrying large amounts of cash in public and can readily access this

Profits of justice in early fourteenth- century Artois: The “exploits” of the baillis

The accounts of the baillis of Artois are a fruitful if hitherto under-used source for the administrative, social and economic history of the early fourteenth century. One subsection of the receipts of the baillis concerned “exploits”, that is, monies taken by the baillis in connection with their role in administering justice. They included commissions paid for debt enforcement, fines or percentages of fines payable to the comital administration, payments or “courtesies” made by those acquitted on criminal charges and fines for the remission of sentences of banishment, along with a few other miscellaneous payments. Some entries are too brief to be informative but this article seeks to examine the fuller entries for the information they can give concerning the administration of justice and the nature of the litigants in fourteenth century Artois, concentrating particularly on the bailliage of Artois. The results obtained are of interest in a wider context since, although legal systems varied considerably, even within France, the problems of the day administration of justice were common to most governments.

Debt Enforcement and Social Security

Abstract The issues raised in this article arose “out of and in the course of” a piece of research on diligence (the name given to the range of procedures available for enforcing judgment debts in Scotland) which Ed Wozniak and I recently carried out for the Scottish Law Commission.1 Our remit was to describe in detail the impact of diligence on a sample of 100 debtors who had had a court decree granted against them and had been subject to the later stages of diligence, and our research was designed to complement a much larger survey of defenders in court actions which was carried out at the same time by the Office of Population Censuses and Surveys (OPCS).2 These two pieces of research were themselves part of a wide-ranging programme of social research which was organised by the Central Research Unit of the Scottish Office (CRU) for the Scottish Law Commission.3 The object of this programme of research was to obtain a broad picture of diligence and to provide an account of the involvement of various inte...

Mortgages and Trust Deeds: Enforcement of a Secured Debt in California

Mortgages and Trust Deeds: Enforcement of a Secured Debt in California