THE MCBEAL LAW FIRM, LLC  

"Providing Legal Remedies in Civil & Criminal Matters"  

voice : (334) 265-1019    fax : (334)262-0464   email : info@McBealLawFirm.com

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FRAUD

You may not realize it but you probably commit or encounter fraud on a daily basis. When you or someone misrepresents the truth (lies), a fraud has been committed. Fraud in its basic form as a misrepresentation of the truth (a lie) does not rise to a legal action, unless that misrepresentation has caused someone damage or injury.

Fraud is one of the most common type of tort (civil) lawsuits filed in our court system. Civil Fraud often carries Criminal Fraud charges and penalties along with it.

The concept of legal fraud goes back hundreds of years to Greek law. We adopted our fraud laws from Old English common-law. Because, the concept of legal fraud has been around for so long, fraud laws cover many different subject areas. ( see a sample list below )

Legal Fraud is a complicated area of our legal system. Therefore, you should seek competent legal representation or contact our FIRM for more information.

Alabama Statute Defines fraud as the " Misrepresentation of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently acted on by the opposite party, constitute legal fraud."

Legal action for fraud basically stems from where a person(s) or entity(s) has led another into a false belief, and the one lead into the false belief acted on the belief and suffered some type harm, damage or injury.

! Contact the Firm For Representation Information On Prosecuting or Defending a Fraud Claim !

1 ) Innocent or Mistaken Misrepresentation - where a misrepresentation of a material fact was made by mistake and acted on by the opposite person(s) or entity(s) who suffered harm, damage or injury.

2) Reckless Misrepresentation - where a misrepresentation of a material fact was made recklessly without knowledge and acted on by the opposite person(s) or entity(s) who suffered harm, damage or injury.

3) Intentional Misrepresentation - where a misrepresentation was made willfully with the intent to deceive and acted on by the opposite person(s) or entity(s) who suffered harm, damage or injury.

Regardless of whether the representation is made willfully, recklessly, or mistakenly, a Plaintiff alleging fraud must prove four elements :
1 ) false representation;
2) the false representation concerned a material existing fact;
3) that the plaintiff relied on the false representation;
4) that the plaintiff was damaged as a result of the reliance;

NOTE: Most fraud claims have a two (2) year statute of limitation upon which to bring an action from the date of the harm, damage or injury. If the claim is not filed with the appropriate court within that time, you are bared from filing your claim.

Fraudulent Inducement, Implied Representations, Odometer Readings, Confidential Relationships, Fraudulent Suppression: Failure to Disclose Facts or Information when under and obligation to disclose or inform, Sales of Used Houses, Recklessness With the Truth, Conspiracy to Fraud, Frauds of Agents, Frauds on the Principal, Issuance of Worthless Checks, Business Transactions, Work-related Frauds, Contract Fraud, Insurance Fraud ....

A list of all possible frauds would be to lengthy, so, If you think you have a fraud claim, you should contact the FIRM.

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