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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38624
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If I got a website and they did not do as they said would do

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If I got a website and they did not do as they said would do nor give proof of purchase for marketing leads, also gave me a check but would never tell me what the check was for and when I told then I was going to dispute if they would not give me proof of purchase or tell me where the check came from or what it was for and they still wouldn't do it. I phoned the bank where the check was written and there was not enough money to cash it.Would this be considered fraud?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear this. To be clear, this company issued a check, knowing that it did not have enough money to cover it, and gave it to you so that it could be cashed? Do I understand correctly?
Customer: replied 1 year ago.

yes I think they may have had money in there at the time but I think the only reason they gave me the check was if I cashed it then it would have been a service but I would not cash it because I told them that in the sales manual it said that all sales would be put in the sales portfolio telling where the money came from if there would be commission and so on. They would never put it in my sales portfolio in my back office on my website. I began hearing many things about the company and that many were disputing against them and having troubles with their credit cards that is when I called the bank where they wrote the check and found out there was not enough money to cash it. I believe they pulled most their money out so credit cards could not take the money back.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Chris.

Issuing a check while knowing that the account has no or limited funds that would not be able to cover the check would indeed be considered to be 'check fraud'. That is a violation and one for which you can contact the police and request that they press charges against this entity. If the police refuse to pursue, then consider contacting the DA's office to see if they would instead be interested in pursuing this case. In addition it would be very important for you to consider contacting the Attorney General's office where you are located ad where this entity is located, if different, speak with their consumer protection division, ask for them to start an investigation, and have the state pursue them for deceptive trade practices. Not cashing that check was a very wise idea, otherwise you would have been hit with fees for cashing a bad check.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.
Chris,

I appreciate your 'poor' rating. What specifically did I fail to adequately explain or define for you?
Customer: replied 1 year ago.

Did you not get not get my reply? I said that you needed to read all my info better. Everything you told me I already done except go to my own attorney general and I did that today. What I wanted to know was if not getting proof of purchase, nor unable to cash that check, loosing my website. and poor management was enough to claim fraud on my credit card. With fraud you are only liable for $50, this would mean the credit card company owed me $7450. This what I am trying to find out whether to go back to the credit card and claim fraud not a dispute.

Expert:  Dimitry K., Esq. replied 1 year ago.

Chris,

I did not get your reply. Kindly do not blame the quality of my response based on that information. Furthermore I have absolutely no idea what you have or have not tried--my apologies if the information is similar, but I am providing all options which may or may not be new to you. I likewise appreciate you using the information that I have provided, still rating me poorly (which keeps me from being paid and also affects my ability to remain on the site). furthermore, the credit card company would not owe you this money since you did not suffer this loss--a fraudulent transaction, if any, must be reported when the transaction is made or before the payment is sent in. If it has been longer than that point, while you can report this to your credit agency, they do not have to pay you back since the creditor sees it as you waiving that right by taking too long to claim fraud. If it has been less then you would have a basis to seek coverage from the credit card company--this is why I did not bring this up in my answer as I do not see it as a viable option in this situation.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38624
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

They are in Arizona I am in Arkansas I have no idea who the owners are. So you say that the lawyer who told me if I could not bring the defendant to court then it does not effect the credit card company. Even though I tried to dispute but they denied me because they could not get the money from the merchant.

Expert:  Dimitry K., Esq. replied 1 year ago.

Chris,

If you do know who the owners are, you would need to potentially go to the state LLC sites and find out if they have an agent recorded with the state, or if the name of the owners is likewise recorded. Then if you find them you could potentially pursue them. They likely denied you because of the length of time and their inability to pursue this from the underlying merchant.

Good luck.

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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38624 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.