I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

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I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

We last discussed factoring agreements and breach of contract claims, in relation to Texas debt collection attorneys. Related to the factoring agreement, in collection on the contract, in the context of Texas debt Collection actions, the creditor will often discover fraud, sometimes referred as” fraudulent misrepresentation” or “fraudulent inducement”. First, let’s set forth the elements of a common law fraud cause of action, as follows:

  1. The Defendant made a material representation to the Plaintiff
  2. Such representation was false
  3. When the Defendant made such representation, he knew the representation was false; or
  4. The representation was made recklessly as a positive assertion, without Defendant’s knowledge of its truth
  5. Defendant’s made such representation, with an intent that the creditor act upon the representation
  6. Plaintiff reasonably relied upon such representation, thereby causing injury to the creditor. Exxon v. Emerald Oil 348 SW3d 194 (Tex. 2011).

More on FACTORING and BREACH OF CONTRACT, next week…

Contact Us

If you have any questions about business disparagement or need help with business debt collections in Dallas Texas, We Can Help – Give Us a Call:  214-752-8800 or Email Us: sam@samemerick.com

*The foregoing is not intended to provide specific legal advice, but instead only as a generalized discussion

Sam Emerick, Collections Attorney

Sam Emerick has over 35 years
experience in Commercial Collections Law,
Factoring Litigation and Wills, Trusts & Probate

By |2017-05-11T20:17:03+00:00May 11th, 2017|Collections, Texas law|Comments Off on I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

About the Author:

Mr. Emerick, a seasoned collection lawyer in Dallas, and owner of the Law Offices of Sam Emerick, P.C. helps creditors obtain payments on loans and debts. Mr. Emerick delivers prompt, efficient and tangible results to creditors. The Law Offices of Sam Emerick help creditors who are frustrated attempting to collect debt. Many times, creditors believe that they will be able to resolve the problem on their own; a letter requesting payment, a phone call asking for an explanation, or a proposed meeting. Unfortunately, these measures rarely produce any tangible results.