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!
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!