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Friday, 10 September 2010
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Florida Legal Services - Florida Fraud Law

 

Miami Fraud Lawyer

 

Miami Florida Fraud Help

Russell Law and Patrick Russell, Esq., a Miami Fraud Lawyer, can assist you with your Florida fraud case.  We will analyze the position and conduct of the parties, and conduct background investigations to protect your interests. As needed, Russell Law will pursue State administrative remedies with the Florida Department of Professional Regulation, Florida Department of Insurance, and the Florida Department of State.  If warranted, we can assist you in preparing your case to present to  the State Attorney's Office if a criminal complaint is desired.  A Miami Fraud Lawyer will seek all statutory remedies in addition to the actual damages including treble damages where applicable.

 

Florida Fraud Law Defined

Fraud involves claims of dishonesty or deceit. Florida Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon demand.  With proper notice, you are entitled to treble damages for the value of the property if it is not timely returned.

Florida misrepresentation is the making of a false statement of fact with the intention to induce another party to act. Claims for misrepresentation normally occur during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

Florida Fraudulent transfers occur when a debtor transfers assets or income to another party as a means to avoid paying creditors after a judgment has been obtained against the debtor.  Under Florida law, transfers made during a certain time prior to the entry of a final judgment are presumed to be fraudulent and if proven to be, can be set aside by the creditor.  

Finally, with the advancement of digital technology and online information, Florida identity theft claims are now on the rise. By means of securing otherwise private and confidential information from you, identity thieves are able to obtain and open credit cards and loans in your name. After the damage has been done, the creditors, stores, and merchants seek to hold you responsible for the charges made by the identity thieves. 

Relief for a fraud claim or identify theft will normally require the services of a lawyer. Most persons engaging in fraudulent schemes will not acknowledge their offense nor voluntarily cure the problem without Court intervention. Certain notice requirements must be complied with before you can assert a proper fraud or civil theft claim in Court. Failure to comply with the notice requirements can doom your case before you begin. Additionally, you should immediately begin an investigation into the background and assets of the perpetrator of fraud to maximize your chances for recovery.

 

Miami Fraud Lawyer Benefits

Russell Law and a Florida Fraud Lawyer will assist you in making your claim for fraud.  This office will file a lawsuit on your behalf for claims of fraud or civil theft.  Additionally, Patrick Russell, Esq., will help you to clear your  good name and credit when your identity has been hijacked and stolen.  Russell Law will work closely with your creditors, banks, and credit card companies to eliminate all fraudulent charges. 

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Last Updated on Wednesday, 07 October 2009 11:54
 

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