Suing for Fraud in Small Claims Court
If someone has cheated you out of money or property through dishonest behavior, can help you pursue compensation.
Fraud is an intentional misrepresentation of facts made for the purpose of inducing action from the party relying on such information, which causes injury. Simply put, fraud occurred if someone intentionally deceived you for financial or personal gain.
Although fraud is typically referred to as a civil or "white collar" crime, it's a serious legal matter that is punishable by law. Unfortunately, fraud is often difficult to prove. Dishonesty, or even a hoax, doesn't necessarily count as fraud.
While laws vary from state to state, it's generally agreed that these five elements must be present to prove that a crime of fraud has been committed:
- A misrepresentation of a material fact
- Knowledge of falsehood
- Intent to deceive
- Reasonable reliance by the victim
- Actual loss or injury suffered
Does this mean you'll have to pay more money than you're owed to hire a lawyer to prove your case? Not necessarily.
You can sue for fraud in small claims court without a lawyer with help from DoNotPay.
Reasons to File a Lawsuit for Fraud
Most often, when people think of fraud, they imagine major cases like Ponzi schemes or Leonardo DiCaprio's performance in the 2002 movie "Catch Me if You Can" as the infamous fraudster Frank Abagnale. However, fraudulent actions that occur on a smaller scale happen a lot more frequently.
These are just a few of the reasons you can sue for fraud:
| Suing for Fraud Against a Company | The Federal Trade Commission's (FTC) Bureau of Consumer Protection devises and enforces laws to maintain a fair marketplace. These laws help consumers protect their rights against dishonest companies. Often, consumers file complaints against major companies, and these complaints are combined to create a class-action lawsuit.
For example, when State Farm Insurance repaired covered vehicles with substandard replacement parts, 4.7 million customers filed complaints and sued for damages. Since State Farm policies guaranteed that customers could claim original manufacturer replacement parts, they defrauded their customers by only covering the use of less expensive replacement parts. |
| Suing for Fraud for Cat-fishing | Dating and social apps provide people with a variety of ways to meet online. Unfortunately, these people are often from different parts of the country and ultimately still complete strangers. This provides fraudsters with the opportunity to deceive people with stolen photos and identities. Catfishers deceive individuals online in a variety of ways to seek financial gain. One of the most common catfishing schemes involves creating a false sense of romance, then asking for funds to meet the victim. Other catfishers take a different approach by asking multiple victims to donate to a fake charity or fund. Often, scammers target elderly adults they perceive as lonely. |
Can You File a Lawsuit for Fraud by Yourself?
Technically, it is possible to file a fraud lawsuit by yourself. However, it's a complex legal process. This means that mistakes can limit your chances of winning a fraud lawsuit alone.
If you plan to file a fraud lawsuit in small claims court, you'll need to take these steps:
- Gather all relevant information and proof.
- Find the correct jurisdiction.
- Determine the correct legal name of the person or company you're suing.
- Pay the court fees.
- File the correct forms with supporting evidence.
- Send a copy of the complaint to the defendant.
- Show up for the trial.
While some fraud cases are successfully handled in small claims court without assistance, complications can arise. Fraud is particularly difficult to prove without any legal knowledge since you must be able to provide proof that the defendant lied with malicious intent.
Issues With Filing a Lawsuit by Yourself
While filing a lawsuit alone is certainly possible, it isn't easy. Without prior legal experience, you put yourself at risk of making costly mistakes that can ruin the validity of your case. Here are a few of the issues that victims of fraud may experience when filing a lawsuit alone:
- Technical issues: If you don't properly follow the legal procedure for filing, your case can be dismissed.
- Inexperience: If the company or individual you're suing for fraud has a professional attorney, your inexperience may mean you miss important legal methods.
- Extra costs: Without knowledge of the process, you may end up spending more money than necessary to file your lawsuit.
- Countersuing: If you sue a company and lose, the company or individual may countersue you for slander or libel.
How to Sue for Fraud With DoNotPay
If you're a victim of fraud, you may not have the money to pay for a lawyer. Furthermore, the cost of lawyer fees could total more than the money you're owed. Luckily, this doesn't mean you have to face your fraud lawsuit alone.
can help you avoid expensive lawyer fees and the stress of trying to take care of the process alone. All you have to do is follow these steps:
- Log in to DoNotPay and select Sue Now.
- Enter the dollar amount you are owed.
- Choose between a demand letter or court filing forms.
- Describe the reason for the lawsuit and submit any applicable proof, including documents and photographs.
That's it! DoNotPay will then generate a demand letter or court filing forms for you. We'll even mail a copy of your demand letter to the individual or business you are suing for fraud!
How Else Can DoNotPay Help?
At DoNotPay, we help people sue companies in small claims court without having to hire a lawyer. We’ve also helped people sue: