How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Can I charge a person with fraud who has lied about the reason

This answer was rated:

Can I charge a person with fraud who has lied about the reason they need money. It was not and never was to be used for the reason given. Example:someone wants $5200 to help with grandmother's medical bills but there were no such bills.
Hi,

Thank you for your question.

Was the money given as a loan or a gift?
Customer: replied 3 years ago.

as a loan

Yes. You can sue the person for fraudulent inducement to a loan agreement.

Has this person not repaid you the loan or are you simply wanting to cancel the loan?
Customer: replied 3 years ago.

The borrower never intended to repay as I later found out.

Well, you have a suit for breach of loan agreement and fraudulent inducement.

But these are civil charges. In terms of criminal fraud, the applicable statute would be as follows from the Texas Penal Code:

§ 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR
CREDIT. (a) For purposes of this section, "credit" includes:
(1) a loan of money;
(2) furnishing property or service on credit;
(3) extending the due date of an obligation;
(4) comaking, endorsing, or guaranteeing a note or
other instrument for obtaining credit;
(5) a line or letter of credit; and
(6) a credit card, as defined in Section 32.31 (Credit
Card or Debit Card Abuse).
(b) A person commits an offense if he intentionally or
knowingly makes a materially false or misleading written statement
to obtain property or credit for himself or another.
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property
or the amount of credit is less than $50;
(2) a Class B misdemeanor if the value of the property
or the amount of credit is $50 or more but less than $500;
(3) a Class A misdemeanor if the value of the property
or the amount of credit is $500 or more but less than $1,500;
(4) a state jail felony if the value of the property or
the amount of credit is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the
property or the amount of credit is $20,000 or more but less than
$100,000;
(6) a felony of the second degree if the value of the
property or the amount of credit is $100,000 or more but less than
$200,000; or
(7) a felony of the first degree if the value of the
property or the amount of credit is $200,000 or more.


You can report this matter to the police, but whether they choose to press the charges or not will be left up to the district attorney's office.
TexLaw and other Legal Specialists are ready to help you
Customer: replied 3 years ago.

MAY I ASK ON HERE FOR THE NAME OF A GOOD ATTORNEY IN HOUSTON