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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1889
Experience:  10 years practicing IP law and general litigation
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Can a person be charged for fraud if a bill that was pending

Resolved Question:

Can a person be charged for fraud if a bill that was pending has been paid in full?
Submitted: 8 months ago.
Category: Legal
Expert:  Timothy D. Smith replied 8 months ago.

I hope this message finds you well, present circumstances excluded. First, let me say, it is hard to imagine that a person could be charged with fraud if they have paid a bill in full, unless it can be shown by the plaintiff that the person knowingly induced the person into selling an item for less (way less) than fair market value and used deception or fraud in arriving at that price.

 

If you don't mind me asking, what are the people claiming to be fraudulent about the purchase?

 

Once you answer that question, I will be better able to give a complete answer.

 

Thanks

Customer: replied 8 months ago.


Cashnet......I have proof of the bill being paid and the lady I spoke with was very aggressive with me in not wanting to talk with me, but did tell me that this was a second com[laint that had come from them claiming fruard and not because the bill had not been paid....I was just contacted by a XXXXX XXXXX, processor server for green county waiting to serve papers on him....I don't know what to do he is an over the road truck driver and sole support of the household.


 

Expert:  Timothy D. Smith replied 8 months ago.

That is crazy sounding. As long as you can show proof that any debt was paid in full and as long as you can show that no duress or fraud was perpetrated in the initial agreement (which in both cases should be relatively easy to do), you have nothing to worry about.

 

If they are going to bring a claim for fraud, the burden of proof is on them. Fraud, by itself, has a high burden of proof factually speaking.

 

Make sure you have all of your payment information available and you will be fine. Even if they try to claim you lied on application material, the fact that you paid the money back in full would negate any argument they may have for fraud.

 

In short, do not worry as it sounds like, based on what you have shared with me, you are completely in the right here.

Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1889
Experience: 10 years practicing IP law and general litigation
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