Can my husband be sued by his mother if she voluntarily gave him her debit card with her PIN knowing that he has a gambling addiction?

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Can my husband be sued by his mother if she voluntarily gave him her debit card with her PIN knowing that he has a gambling addiction?

Asked on July 7, 2014 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on the terms under  which she loaned him the card--if the terms were that he would repay the money, for example,, and he did not, she could sue; or if he had a spending limit, but exceeded it; or if she gave to him for certain defined uses (e.g. for emergenices; for gas; for rent; etc.) and he instead used it for gambling; etc. The issue is, what was the agreement (either oral or written) in regards to the card and money? If he violated the agreement, he could be sued.


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