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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36956
Experience:  30 years in civil, probate, real estate, elder law
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WE are an Illinois C Corporation and a forger from 2012 was

Customer Question

WE are an Illinois C Corporation and a forger from 2012 was just arrested and
indicted....now we are planning a civil action to try and recover app. 120,000
that was illegally procured via forgery, credit card fraud and deceptive practices..
It is my understanding that there is a 5 year statute on fraud, but 3 yrs on check
forgery in Illinois...is that correct ?
please explain..
Mike Pavilon
Chicago, IL
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Expert:  Ray replied 1 year ago.
Here in Illinois there is common law civil fraud.In the United States, common law generally identifies nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury. See, e.g., Strategic Diversity, Inc. v. Alchemix Corp., 666 F.3d 1197, 1210 n.3, 2012 U.S. App. LEXIS 1175, at *25 n.3 (9th Cir. 2012) (quoting Staheli v. Kauffman, 122 Ariz. 380, 383, 595 P.2d 172, 175 (1979)); Rice v. McAlister, 268 Ore. 125, 128, 519 P.2d 1263, 1265 (1975); Heitman v. Brown Grp., Inc., 638 S.W.2d 316, 319, 1982 Mo. App. LEXIS 3159, at *4 (Mo. Ct. App. 1982); Prince v. Bear River Mut. Ins. Co., 2002 UT 68, ¶ 41, 56 P.3d 524, 536-37 (Utah 2002). Fraud, 5 years735 Ill. Comp. Stat. 5/13-205 And it is five years to bring a civil suit for this. The other issue is a criminal one. Check forgery has a three SOL for prosecution. http://www.criminaldefenselawyer.com/criminal-case-statute-of-limitations/IL-felonies-misdemeanors.htm Here if the criminal SOL has passed you can still sue for damages.It gives you a civil remedy here to try and collect your funds.That may be your best option if this has been more than 3 years. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Lawyer referral for you here to sue him.Thanks again.http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=IL
Expert:  Ray replied 1 year ago.
Here is the five year SOL for the civil suit.. (735 ILCS 5/13-205) (from Ch. 110, par. 13-205) Sec. 13-205. Five year limitation. Except as provided in Section 2-725 of the "Uniform Commercial Code", approved July 31, 1961, as amended, and Section 11-13 of "The Illinois Public Aid Code", approved April 11, 1967, as amended, actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.(Source: P.A. 82-280.)
Customer: replied 1 year ago.
thanks, ***** ***** confirm - if a perpetrator has been indicted from forgeries completed from
March , 2012 thru December , 2012 ...and , now there is the probability of a civil suit in IL-
that the civil suit is still within the 5 year statute of limits for check forgery..
please clarify
Expert:  Ray replied 1 year ago.
The civil suit is still within time frames.If they were indicted at least the prosecutor thinks it is within the time frames here as well.You can pursue it both ways.I hope you are able to get the money back.
Expert:  Ray replied 1 year ago.
Thanks again for the chance to help.
Customer: replied 1 year ago.
you're welcome
one more quick completion -
your advice covers the UCC re any applicable statute of limitations on check forgery ?
Expert:  Ray replied 1 year ago.
Check forgery has a three SOL for prosecution. http://www.criminaldefenselawyer.com/criminal-case-statute-of-limitations/IL-felonies-misdemeanors.htm
Customer: replied 1 year ago.
but any CIVIL suit limits from the UCC on Check forgery ?
Expert:  Ray replied 1 year ago.
Reference to the penalties, etc for you here. http://www.criminallawyerillinois.com/2012/01/16/illinois-law-changes-definition-of-forgery-in-2012/ No there is not a SOL on a civil suit other than the five years under the UCC..You can still bring suit here.
Expert:  Ray replied 1 year ago.
Thanks for letting me clarify this for you.
Customer: replied 1 year ago.
thanks, ***** ***** I have 5 minutes - are you free to answer one re Corporate legal organization,
e.g. C Corp vs. S Corp ?
Expert:  Ray replied 1 year ago.
Sure fire away.
Customer: replied 1 year ago.
Does a C Corp offer any more legal protection , i.e. like the " moat " protection against
judgements than an S Corp.?
And, doesn't the C Corp allow for other benefits, e.g. loans to a Corp. officer that an S Corp cannot?
Expert:  Ray replied 1 year ago.
Both here offer the legal protection from creditors as they can only sue the corporation here.You may want to look at the other factors, taxes etc.As far as protection both are equally good. Here is more about the two and tax advantages, etc. http://www.investopedia.com/articles/pf/08/asset-protection-business.asp Thanks again for letting me help you.
Customer: replied 1 year ago.
thanks, I'm satisfied ...
Expert:  Ray replied 1 year ago.
You are so welcome.If you can rate now it is much appreciated.Take care and bye.

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