895.056 Recovery of money wagered.
(1) In this section:
(a) “Property" means any money, property or thing in action.
(b) “Wagerer" means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight, sport or pastime or on the issue or event thereof, or on any future contingent or unknown occurrence or result in respect to anything whatever, shall have put up, staked or deposited any property with any stakeholder or 3rd person, or shall have lost and delivered any property to any winner thereof.
(2)
(a) A wagerer may, within 3 months after putting up, staking or depositing property with a stakeholder or 3rd person, sue for and recover the property from the stakeholder or 3rd person whether the property has been lost or won or whether it has been delivered over by the stakeholder or 3rd person to the winner.
(b) A wagerer may, within 6 months after any delivery by the wagerer or the stakeholder of the property put up, staked or deposited, sue for and recover the property from the winner thereof if the property has been delivered over to the winner.
(3) If the wagerer does not sue for and recover the property, which was put up, staked or deposited, within the time specified under sub. (1), any other person may, in the person's behalf and the person's name, sue for and recover the property for the use and benefit of the wagerer's family or heirs, in case of the wagerer's death. The suit may be brought against and property recovered from any of the following:
(a) The stakeholder or a 3rd person if the property is still held by the stakeholder or 3rd person, within 6 months after the putting up, staking or depositing of the property.
(b) The winner of the property, within one year from the delivery of the property to the winner.
(4) This section does not apply to any property that is permitted to be played, bet or wagered under chs. 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.
History: 1993 a. 174, 486; 1995 a. 225; 1997 a. 27, 35.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.01 - What actions survive; actions not to abate.
895.02 - Measure of damages against personal representative.
895.03 - Recovery for death by wrongful act.
895.031 - Recovery from estate of wrongdoer.
895.035 - Parental liability for acts of minor child.
895.037 - Abortions on or for a minor without parental consent or judicial waiver.
895.038 - Partial-birth abortions; liability.
895.04 - Plaintiff in wrongful death action.
895.044 - Damages for maintaining certain claims and counterclaims.
895.045 - Contributory negligence.
895.046 - Remedies against manufacturers, distributors, sellers, and promoters of products.
895.048 - Recovery by auto or motorboat owner limited.
895.05 - Damages in actions for libel.
895.052 - Defamation by radio and television.
895.055 - Gaming contracts void.
895.056 - Recovery of money wagered.
895.057 - Action against judicial officer for loss caused by misconduct.
895.06 - Recovery of divisible personalty.
895.065 - Radioactive waste emergencies.
895.07 - Claims against contractors and suppliers.
895.08 - Sport shooting ranges; actions related to safety.
895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.
895.10 - Tort actions in residential real estate transactions.
895.14 - Tenders of money and property.
895.33 - Limitation of surety's liability.
895.34 - Renewal of sureties upon becoming insufficient and effects thereof.
895.345 - Justification of individual sureties.
895.346 - Bail, deposit in lieu of bond.
895.35 - Expenses in actions against municipal and other officers.
895.36 - Process against corporation or limited liability company officer.
895.37 - Abrogation of defenses in employee personal injury actions.
895.375 - Abrogation of defense that contract was champertous.
895.42 - Deposit of undistributed money and property by personal representatives and others.
895.43 - Intentional killing by beneficiary of contract.
895.435 - Intentional killing by beneficiary of certain death benefits.
895.441 - Sexual exploitation by a therapist; action for.
895.442 - Sexual exploitation by a member of the clergy; action for.
895.444 - Injury caused by criminal gang activity; action for.
895.445 - Damage to certain machines; action for.
895.446 - Property damage or loss caused by crime; action for.
895.447 - Certain agreements to limit or eliminate tort liability void.
895.448 - Safety devices on farm equipment, ordinary negligence.
895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.
895.45 - Service representatives for adult abusive conduct complainants.
895.453 - Payments of chiropractic services from attorney contingency fees.
895.455 - Limits on recovery by prisoners.
895.457 - Limiting felon's right to damages.
895.46 - State and political subdivisions thereof to pay judgments taken against officers.
895.472 - Indemnification of a financial institution.
895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.
895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.
895.478 - Civil liability exemption; opioid antagonists.
895.48 - Civil liability exemption; emergency medical care.
895.4801 - Immunity for health care providers during COVID-19 emergency.
895.4802 - Civil liability exemption; hazardous materials.
895.4803 - Civil liability exemption; information concerning paternity.
895.481 - Civil liability exemption; equine activities.
895.482 - Civil liability exemption; ski patrol members.
895.484 - Civil liability exemption; entering a vehicle to render assistance.
895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.
895.486 - Civil immunity exemption; reports of insurance fraud.
895.487 - Civil liability exemption; employment references.
895.488 - Civil liability exemption; owner or person in lawful possession of the premises.
895.489 - Civil liability exemption; tenancy references.
895.492 - Civil liability exemption; certificate of qualification for employment.
895.501 - Civil liability exemption; credit card reencoders and scanning devices.
895.506 - Civil liability exemption; weight gain and obesity claims.
895.508 - Liability exemption; provision of previously owned eyeglasses.
895.512 - Civil liability exemption; access to toilet facility.
895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.515 - Civil liability exemption; equipment or technology donation.
895.517 - Civil liability exemption: solid waste donation or sale.
895.519 - Civil liability exemption; private campgrounds.
895.52 - Recreational activities; limitation of property owners' liability.
895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.
895.5265 - Civil liability exemption; placement of certain structures in waterways.
895.527 - Sport shooting range activities; limitations on liability and restrictions on operation.
895.528 - Civil liability exemption; placement of markers in waterways.
895.529 - Civil liability limitation; duty of care owed to trespassers.
895.53 - Civil and criminal liability exemption; tests for intoxication.
895.535 - Civil and criminal liability exemption; body cavity search.
895.537 - Liability exemption; sexual assault evidence collection.
895.54 - Liability exemption; notification of release.
895.55 - Liability exemption; oil discharge control.
895.555 - Civil liability exemption; anhydrous ammonia.
895.57 - Damages and immunity; unauthorized release of animals.
895.58 - Liability exemption; use of special waste under public works contracts.
895.61 - Asbestos successor corporation; limitation on liability.
895.66 - Mandatory disclosures.
895.67 - Approval of transfers of structured settlement payment rights.
895.68 - Effects of transfer of structured settlement payment rights.