fraud

[starbucksaddict]

What is the name of your state (only U.S. law)? california.

i run a business in california. if one of my customer signed a contract for services and used a stolen credit card for payment, can i sue the fraudster after the police locate that individual?

problem 1: contract has a fake name and address
problem 2: customer used a stolen credit card to charge $2500
problem 3: customer used a fake drivers license to deceive my worker in believing the credit card is theirs

the police found the person. there's a name and address. i'm just unsure how to justify a case against this fraudster.

thanks in advance if you could provide how to move forward!!

 

[OHRoadwarrior]

You should be working with the police to prosecute them. The merchandise is evidence. They should work with you regarding the issue.

 

[starbucksaddict]

You should be working with the police to prosecute them. The merchandise is evidence. They should work with you regarding the issue.

thanks. yes. but the police won't get me the $2500. they already told me that and my options are to sue them civilly. but i'm confused as to how to approach this. i don't understand contract law. so the fact that i was duped with a client who gave me a fake name and stolen credit card makes it hard. how can i sue them? will the court allow me to sue that person by their real names? or will they just dismiss it because the contract was between my company and a fake name?

 

[latigo]

thanks. yes. but the police won't get me the $2500. they already told me that and my options are to sue them civilly. but i'm confused as to how to approach this. i don't understand contract law. so the fact that i was duped with a client who gave me a fake name and stolen credit card makes it hard. how can i sue them? will the court allow me to sue that person by their real names? or will they just dismiss it because the contract was between my company and a fake name?

It seems rather strange that a merchant would be so naïve as to post such a question. Perhaps you should switch over to decaf.

In other words, are you serious in thinking that the person that forged the name on the card and thereby defrauded you out of the $2500 could not be sued civilly because he used a “fake name”? Geez!

Your only realistic chance of getting penny out of the thief is if he is arrested, charged, tried, convicted and the judge orders restitution. But don’t hold your breath until those pennies begin to arrive.
___________________

And just out of curiosity, did you trouble to demand positive photo identification before accepting the card transaction? Especially in view of a four-figure deal? Probably not.

 

[Zigner]

And just out of curiosity, did you trouble to demand positive photo identification before accepting the card transaction? Especially in view of a four-figure deal? Probably not.

OP says the crook had a fake DL

 

[tranquility]

Were the services provided? What was the nature of the services?

If you followed the terms of acceptance of the credit card, aren't you protected by the bank? What happened? Did you make in error in your merchant agreement acceptance process that caused the bank to deny the charge?

 

[starbucksaddict]

Were the services provided? What was the nature of the services?

If you followed the terms of acceptance of the credit card, aren't you protected by the bank? What happened? Did you make in error in your merchant agreement acceptance process that caused the bank to deny the charge?

thanks for your response. we repaired their system, installed new parts, and perform extra services as per their requests. the bank said the card is stolen. the cardholder is in another country and could not have used or permitted such charges in california. the 'real' person contacted his bank requested a chargeback due to fraud. my merchant processor received the information and honored the chargeback as the 'real' person proved he never left his country and also used the same credit card in his country an hour prior to the 'thief' handed us the card to swipe.

 

[tranquility]

The fraudster had a counterfeit credit card and a fake drivers license to get (what I assume because of the portability) a computer repaired? That's an aggressive move, no doubt.

Sue the fraudster for intentional misrepresentation after talking to the DA about the possibility of restitution. I'm not sure what else you can do.

 

[latigo]

OP says the crook had a fake DL

[SUP]Duhhhh. . . For some reason I seem to regret that you noticed that, Zig. [/SUP]