Can someone sue me for fraud if there is not invoice or official documentation, only transfers and text messages to show we were doing business ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can someone sue me for fraud if there is not invoice or official documentation, only transfers and text messages to show we were doing business ?
I have been developing a website for a
company, the website has been up from
January, but went down for 2-3 weeks. I
had recently fix the issue and the
website is now up and running. But they
have reported to the authorities that
it was some fraud by me. They are
saying it was a scam just because the
website was down for awhile.
There is no official invoices that was
created at the time of first transfers
to me, the only proof of business
between us is transfer she made through
MONEY GRAM to a associate and text
messages between us regarding our
business.
Asked on March 21, 2017 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you can be sued for fraud without "official documentation"--there is nothing in the law requiring certain paperwork to establish fraud. (Fraud can be purely oral, for example.) However, you may not be guilty of fraud: fraud is an intentional misrepresentation (a knowing lie) made *before* someone does business with you, to induce or cause them to do business with you. A technical or other performance issue, if it did not involve a lie or misrepresentation, is not fraud; it could be breach of contract (failing to do or provide what you were supposed to), and so you could be sued to recover provable damages or losses directly caused by the lack of service, but based on what you write, that should be the most liability you are potentially exposed to. For example: a return of the amount for paid the number of weeks the site was down.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.