Unfortunately, society is full of scam artists, shysters and dishonest individuals who spend every waking hour trying to concoct schemes and scams that will line their pockets to the detriment of their innocent, trusting and unsuspecting victims. These schemes constitute fraud, which involves the intentional use of deception in order to benefit the person committing the fraud. The victim of fraudulent conduct will usually suffer financial harm. Fraud can occur in either business or consumer transactions. Fortunately, the law provides remedies for those who have been the victim of a fraudulent scheme. The experienced fraud attorneys at Derryberry Zips Wade Lawhorn are ready to help you if you believe you have been a victim of fraudulent activity.

In order to prove fraud in Texas you must establish the following:

  • That a material representation was made
  • The representation was false
  • When the representation was made, the speaker knew it was false or made it recklessly without any knowledge of the truth and as a positive assertion
  • The speaker made the representation with the intent that you should act upon it
  • You acted in reliance on the representation
  • You thereby suffered injury

In the consumer context, fraud can occur in a wide variety of situations. Some of the common transactions in which consumers need to be particularly wary of potentially fraudulent practices are the purchase of a new or used motor vehicle, the purchase of goods or services, the purchase of a home, the purchase of unimproved land, and the making of investments. In addition to being entitled to pursue claims under common law fraud principles, you may be entitled to legal relief under the Texas Deceptive Trade Practices Act if you meet the definition of consumer under that law and you have been the victim of fraudulent practices in any of these transactions.

In the business context, fraud may also occur in any number of situations. A partner or co-owner may deceive his or her partners through lies and misrepresentations. An employee may embezzle business funds. A vendor may deceive the business with regard to services or goods provided by the vendor. The possibilities are virtually limitless. Fortunately, businesses victimized by fraud are also entitled to seek compensation for their injuries under Texas law.

If you or your business has been the victim of fraud, it is important that you seek knowledgeable counsel as soon as possible after you discover the fraud. Any delay may prejudice your case because those committing the fraud may disappear or destroy evidence and thus make your chances of ultimate recovery more difficult. Quick action is paramount and will help protect your rights.

The experienced attorneys at Derryberry Zips Wade Lawhorn know how to handle claims and litigation stemming from fraudulent activities and they vigorously pursue justice and just compensation for fraud victims. Contact us today and put experienced legal advocates to work on your behalf.