Have you been the victim of fraud?

A person’s money problems may stem from losses arising out of improper conduct by others.  This type of loss can have wide ranging effects that can lead to a various type of legal problems including criminal charges, civil litigation, divorce and/or bankruptcy.  Some people resign themselves to the loss, while others lament the loss while still doing nothing about it.  They may feel cheated and tell friends they have not been treated fairly, but still do nothing about it.  Rather than just suffer the loss in silence or complain to others about the loss, it is a sound idea to investigate and evaluate whether there is recourse available under the law.  If so, there may be a way of preventing the kind of money problems that can lead to legal further difficulties.  It is important, however, to understand that the law does not consider every transaction that does not work out to one’s satisfaction as providing a legal basis for the disappointed person to sue the other party.  In order to pursue a legal action there must be a cause of action along with specific types of proof.

One of the more egregious types of loss is that which is caused by fraud.  To pursue a fraud claim there must be certain specific types of proof met. There is more than one way a person can be defrauded.  A common type of fraud is through the use of untrue representations.  A person who wants to pursue a claim for being defrauded through an untrue representation must meet applicable standards for doing so under the law of the appropriate jurisdiction.  This means that person may have to have facts to support his or her allegations and meet all of the elements of fraud by untrue representation required in the jurisdiction.  While each jurisdiction may have its own requirements, a party who feels defrauded by an untrue representation should review his or her fact situation with an attorney to see if the following elements are present in his or her fact situation.

  • Did the other party make representations to you?
  • Were the representations untrue?
  • Were the untrue representations as to a past and present fact?
  • Were the untrue representations of material importance?
  • Were the representations susceptible of knowledge?
  • Did the person making the untrue representation know them to be untrue or assert them as his or her own knowledge without knowing them to be true or false?
  • Were you induced to act on the untrue representations?
  • Did you act in reliance upon the untrue representations?
  • Did you suffer damage by the untrue representations?
  • Was the damage suffered caused by the untrue representations?

The above questions may be useful, but not determinative of whether there is a sufficient basis to proceed with a fraud claim for untrue representation.  It is important to know the law of the appropriate jurisdiction as to fraud and to evaluate whether you meet the requirements of that jurisdiction to proceed with this type of fraud claim.  It is a sound idea if you believe to have been legally harmed to contact a law firm to meet with an attorney who can advise you as to your rights and options.

This article is not intended to give legal advice and does not do so.  The reading of this article does not establish an attorney-client relationship or substitute for consulting with a licensed lawyer.

We are a debt relief agency.  We help people file for relief under the Bankruptcy Code.

Comments are closed.