Thank you for your clarification, M.
1) This is not a federal issue, but, a state issue for the state Court.
2) To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment
," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, the title company (or whoever forged the check) may be liable for fraud
, and negligence per se
The five elements of common-law fraud are: (1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages
. Jewish Ctr. of Sussex County v. Whale, 86 N.J. 619, 624-25, 432 A.2d 521 (1981).
Negligence per se is doing something illegal in many cases, such as here.
3) Punitive damages may be requested as well as actual damages.
4) An attorney is recommended. One should not go about this alone. May I recommend the NJ Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. The type of attorney should be LITIGATION or GENERAL LAW.
5) A complaint with the Attorney's General may also be filed, which may correspond to the civil matter (the AG may pursue their own investigation), and, pursue civil/criminal matters against the party that did this.
I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate
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