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OVERVIEW: Fraud and misrepresentation claims involve the intentional act of making a false statement of fact with the intention to induce another party to act. Claims for misrepresentation normally occur during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).
Another common form of fraud involves civil theft. Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon proper demand. Examples of civil theft include the issuance of a bad check or refusing to return property or money known to belong to another party.
Finally, with the advancement of digital technology and online information, identity theft claims are now on the rise. By means of securing otherwise private and confidential information from you, identity thieves are able to obtain and open credit cards and loans in your name. After the damage has been done, the creditors, stores, and merchants seek to hold you responsible for the charges made by the identity thieves.
Relief for a fraud claim or identify theft will normally require the services of a lawyer. Most persons engaging in fraudulent schemes will not acknowledge their offense nor voluntarily cure the problem without Court intervention. Certain notice requirements must be complied with before you can assert a proper fraud or civil theft claim in Court. Failure to comply with the notice requirements can doom your case before you begin. Additionally, you should immediately begin an investigation into the background and assets of the perpetrator of fraud to maximize your chances for recovery.
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