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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32354
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I need to know if i wrote five corporate checks totaling

Customer Question

i need to know if i wrote five corporate checks totaling $2930 to a web designer who promised me brochures,car decals to advertise my product and and a personal website to drive cinsumers to our product.i have a record of the checks but he has not produced a single thing that he promised.the checks that i wrote i listed in the check memos for the services specifying what the services were for.is this criminal or cunsumer fraud.what is my remedy.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

You might be able to convince the police or a District Attorney to pursue this as criminal fraud if he hasn't provided anything to you at all. It won't work if he provided anything and that means that if he testifies that he has been working on your website but just fell behind then they probably won't be able to convict him of criminal fraud. Where this really plays in is that the DA will know that is all he has to say he did and so the DA may not want to pursue the case.

If so, you can still sue him for breach of contract and for civil law fraud. You can get a judgment for all of your monies paid as well as your attorney's fees and possibly for punitive damages.

So, to sum it up, the best way to proceed is to file a police report for fraud and see what they do and then sue him as well. There is no reason you can't pursue both a civil and a criminal case.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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