Is this fraud?

What is the name of your state? Illinois

We released a shipment to a customer based on him faxing us a copy of the check for the exact amount ($1,650) of the shipment. This is a practice we followed in the past - without any problems. This time, the account did not send us the check as promised.

Can this be construed as fraud? Afterall, he made a false statement (he will send the check), he knew it was false, the statement induced us to act (we released the shipment), we relied on the truth of statement, and we suffered damage based on the reliance of the statement.

I would like to tell him I'm considering a fraud lawsuit in addition to a collection action. However, I would like to know if I'm way off base on it. If it seems like a valid collection threat on my part... what are the remedies I can suggest to him? I would like to tell him I'm be going after punitive damages. Also is it a criminal versus civil action?

Obviously, I'm upset with the guy.

Any thoughts?

Thanks!

RE:Is this Fraud???

From my experience you can handle this any number of the ways you were thinking. Contact your local police department to see how much has to be taken from you in order for it to be classified as a felony.

In the state of Georgia this would be called theft by deception and after the value has reached a certain limit it changes from misdemeanor to a felony.

You can also sue in small claims court because of your monetary loss and the other party breached the agreement. Which can be proven because this was an acceptable arrngement in the past. Find out your small claims limit and see would that cover what you are seeking before getting an attorney.

Obviously, it can be viewed as civil and or criminal since they did not return the merchandise after notification of you not recieving your check. You definitely have ground.

If you are just trying to intimidate them to get your money draft a letter of intent (letting him know what you will do if you do not get your money) include a deadline, send it certified mail. Be very clear with your demands and the consequences. Just be willing to follow through if he does not comply.