Fraudulent Loan Misrepresentation Actions

Summary

In Nevada, borrowing money under false pretenses can be considered fraud. Report the incident to the police, file a civil lawsuit, and consult a local attorney. A criminal conviction can aid your civil case by establishing liability and influencing settlements. For sums over $250,000, file a claim in District Court and gather substantial evidence. Text messages can prove fraud by showing intent and agreement. Obtain text records from your provider or via court order. If a third party benefited from the fraud, they might be liable. Unauthorized use of your credit score or assets can be reported as identity theft. Damages for a hurt credit score can include actual and punitive damages. The statute of limitations for fraud is three years. Consult a local attorney for personalized advice.

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will a criminal conviction help with my civil case
A criminal conviction can potentially aid your civil case. It can:
*. Establish liability: A conviction proves the person committed the act.
*. Increase chances for punitive damages: Conviction may show extreme negligence or malicious intent.
*. Influence settlement negotiations: A conviction can pressure the defendant to settle.
Remember, this is general information and might not apply to your specific case.
if the sum is over * dollars what should i do
In Nevada, for civil lawsuits involving sums over $*,*, you may:
*. File a claim in the District Court.
*. Consider hiring an attorney due to high stakes.
*. Gather substantial evidence to support your claim.
Remember, this is general advice. Please consult with a local attorney to discuss specifics.
can fraud be proved through text messages
Yes, text messages can be used as evidence to prove fraud in Nevada. They can:
*. Show intent: Messages may prove the person intended to deceive.
*. Establish agreement: Messages can confirm the terms of a deal.
*. Demonstrate knowledge: They may indicate the person knew their statements were false.
Remember, the interpretation and admissibility of evidence can vary, consult an attorney for specifics.
how do i obtain text message records from my service provider
To obtain text message records from your service provider, you can:
*. Contact your service provider's customer service.
*. Request a court order if they don't provide voluntarily.
*. Consult with a local attorney for detailed procedure.
Remember, the provider's retention and disclosure policies may vary.
how do i obtain a court order for the text messages
To obtain a court order for text messages in Nevada, you can:
*. File a motion in the court explaining why the texts are necessary for your case.
*. If granted, serve the order to your service provider.
*. Follow the court's instructions for preserving and presenting the evidence.
Consult a local attorney for guidance.
**CONTRACT FOR REPAYMENT OF DEBT** This Contract for Repayment of Debt (the "Agreement") is entered into on __/__/____ (the "Effective Date") by and between: **JAMES KRASNER** (the "Borrower"), with an address at * Wendover Rd, Flushing, NY * **DANIEL LEE** (the "Lender"), with an address at * Loveland Drive #* WHEREAS, the Borrower, under false pretenses, borrowed the sum of Four Million Dollars ($*,*,*.*) from the Lender; and WHEREAS, the Borrower acknowledges that the loan was made under false pretenses and that the Borrower had no intention of repaying the loan; and WHEREAS, the Lender has suffered financial loss as a result of the Borrower's default and has incurred interest on the outstanding principal amount; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: **ARTICLE *: PAYMENT TERMS** *.* The Borrower shall pay to the Lender the sum of Four Million Dollars ($*,*,*.*) plus accrued interest at a rate of [X]% per annum. *.* The Borrower shall make payments in accordance with a schedule set forth below: * [SCHEDULE OF PAYMENTS] *.* Any late payment shall be subject to a late fee of [X]% of the outstanding principal amount. **ARTICLE *: DEFAULT AND REMEDIES** *.* If the Borrower fails to make any payment when due, or commits any other breach of this Agreement, the Lender may declare the entire principal amount and accrued interest immediately due and payable. *.* In the event of default, the Lender may take any action necessary to collect the debt, including but not limited to: * Legal action * Garnishment * Attachment * Judgment **ARTICLE *: WAIVER OF DEFENSES** The Borrower waives any and all defenses they may have against the Lender's claim for payment, including but not limited to: * Discharge in bankruptcy * Discharge in insolvency proceedings * Expiration of statute of limitations * Lack of consideration * Fraudulent inducement **ARTICLE *: ENTIRE AGREEMENT** This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them. **ARTICLE *: BINDING EFFECT** This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors, assigns, and personal representatives. **ARTICLE *: GOVERNING LAW** This Agreement shall be governed by and construed in accordance with the laws of [STATE/COUNTRY]. **ARTICLE *: DISPUTE RESOLUTION** Any dispute arising out of or related to this Agreement shall be resolved through [DISPUTE RESOLUTION PROCESS], as mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. --- JAMES KRASNER (Borrower) Signature: _______________________________ Date: _______________________________ DANIEL LEE (Lender) Signature: _______________________________ Date: _______________________________ ACKNOWLEDGMENT: I hereby acknowledge that I have read, understand, and agree to be bound by all terms and conditions contained in this Agreement. --- Please note that this is a sample contract and should not be used in real-life situations without consulting with a lawyer. Additionally, this contract may not be enforceable or legally binding in all jurisdictions. It's essential to have a lawyer review and customize a contract according to your specific situation and jurisdiction's laws.
It seems you've shared a sample debt repayment agreement. Are you considering using this in your situation? If so, it's crucial to consult with a local attorney to customize it according to the specific Nevada laws and your situation.
yes
In that case, consider the following steps:
*. Have a local attorney review and tailor it to Nevada laws and your situation.
*. Ensure both parties sign the agreement.
*. Enforce the agreement's terms if the borrower defaults.
Please consult with a local attorney for a comprehensive review.
if the borrower had a girlfriend who benefited from the fraud is she also liable for the debt
In Nevada, a third party (like the girlfriend) can potentially be held liable if they knowingly participated in or benefitted from the fraud. However, this is complex and involves aspects such as:
*. Proving her involvement or knowledge.
*. Identifying any unjust enrichment.
Consult a local attorney for a detailed evaluation.
if they used my car and leased an apartment under my name
If someone used your car and leased an apartment under your name without your consent, it could be considered identity theft in Nevada. Can you provide more details about this situation?
as it applies to the borrowed money
If the borrowed money was used for leasing an apartment or using your car without your consent, you could potentially:
*. Report the unauthorized use to the police.
*. File a lawsuit for the return of the funds.
*. Consult an attorney for personalized advice.
Remember, this is general advice and your specific situation may require different actions.
if a person lied about receiving money and borrowed against this lie, and continued to benefit from these lies is this fraud
In Nevada, lying about receiving money to borrow more could be considered fraud. It involves:
*. Misrepresentation: The person lied about their financial status.
*. Deception: They deceived you to obtain funds.
*. Unjust enrichment: They benefited from the deception.
Consult a local attorney to discuss specifics.
if they used my credit score to lease an apartment and car with my knowledge, but under false pretenses
In Nevada, using your credit score under false pretenses might be considered fraud. Actions to take could include:
*. Reporting the incident to the police.
*. Filing a lawsuit for damages.
*. Consulting a local attorney.
This is general information, consult an attorney for advice tailored to your situation.
how much damages can i receive for my credit score being hurt
In Nevada, damages for a hurt credit score can vary based on your specific situation. You can potentially recover:
*. Actual damages: Out-of-pocket losses.
*. Punitive damages: If the act was intentional or malicious.
*. Costs of repairing credit.
Consult a local attorney for a more accurate assessment.
if someone borrowed money under false pretenses and had a girlfriend who benefited from the fraud is she liable as well in nevada
In Nevada, a third party (like a girlfriend) could potentially be liable if she knowingly benefited from the fraud. However, proving her involvement or knowledge and identifying any unjust enrichment can be complex. It's best to consult with a local attorney for a detailed evaluation.
any free legal clinics for civil law suits
Absolutely! In Nevada, there are several resources for free or low-cost legal assistance for civil lawsuits. One notable option is the Legal Aid Center of Southern Nevada. They offer various services including legal advice clinics, self-help resources and direct representation in certain cases. Please check their website for more details.
if someone recorded a conversation without my consent as a form of control
In Nevada, it's a "one-party consent" state for recording conversations. This means:
*. At least one party involved in the conversation must consent to the recording.
*. If you weren't aware or didn't consent, it could potentially be illegal.
Consult a local attorney for advice tailored to your situation.
telephone conversation
Could you please provide more details about the telephone conversation? Specifically, what was discussed and who was involved? This will help me provide you with more accurate legal information.
if a telephone conversation was recorded with out my consent to intimidate me not to act
In Nevada, recording a telephone conversation without consent for the purpose of intimidation can potentially be considered illegal. Actions to consider:
*. Report the incident to the police.
*. Consult a local attorney for advice.
Remember, this is general advice and your specific situation may require different actions.
I have removed the Statute of Limitations section from the document. Here is the revised version: **DEBT REPAYMENT AGREEMENT** THIS DEBT REPAYMENT AGREEMENT ("AGREEMENT") IS ENTERED INTO ON [DATE] ("EFFECTIVE DATE") BY AND BETWEEN: **JAMES** ("DEBTOR") **DANIEL** ("CREDITOR") ***. DEBT AMOUNT AND TERMS** The Debtor, James, owes the Creditor, Daniel, the principal sum of $*,*,*.* ("DEBT AMOUNT") plus interest at a rate of [INITIAL_INTEREST_RATE]% per annum for the first [INITIAL_TERMS] years, and thereafter at a rate of [ADJUSTED_INTEREST_RATE]% per annum. ***. REPAYMENT TERMS** The Debtor agrees to repay the Debt Amount in biweekly installments of $[INSTALLMENT_AMOUNT] each, commencing on [START_DATE] and continuing until the Debt Amount is fully paid. ***. ASSIGNMENT** The Creditor reserves the right to assign this Agreement to any third party, and the Debtor agrees to recognize and honor any such assignment. Upon assignment, the Creditor shall provide written notice to the Debtor of the assignment. ***. RESPONSIBILITY OF THE DEBTOR** The Debtor shall remain responsible for repayment of the Debt Amount regardless of any assignment. The Debtor shall make payments directly to the assignee, if applicable. ***. DEFAULT AND INTEREST** If the Debtor fails to make a payment when due, the Creditor may charge late fees and/or interest on the unpaid balance at a rate of [LATE_FEE_RATE]% per annum. The maximum amount of late fees that may be charged is *% of the unpaid balance. ***. GOVERNING LAW AND JURISDICTION** This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of [ARBITRATION_AGENCY]. ***. ENTIRE AGREEMENT** This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them. ***. AMENDMENTS** This Agreement may not be amended or modified except in writing signed by both parties. ***. BINDING EFFECT** This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors, assigns, and personal representatives. By signing below, both parties acknowledge that they have read, understand, and agree to be bound by this Agreement. --- Signed, JAMES (Debtor) Signature: ______________________________ Date: ______________________________ Signed, DANIEL (Creditor) Signature: ______________________________ Date: ______________________________
Your revised debt repayment agreement seems comprehensive. However, consider having a local attorney in Nevada review it. They can ensure its enforceability and compliance with Nevada laws. Remember, this advice is general in nature and a local attorney can provide detailed guidance.
is it illegal to threaten legal action
In Nevada, threatening legal action is generally not illegal if you have a valid claim and the intention to pursue it. However, making false threats or using threats to harass or intimidate may be unlawful. Always consult a local attorney for advice tailored to your situation.
what if an arbitration agreement is signed
If an arbitration agreement is signed in Nevada, it generally means:
*. Disputes will be resolved through arbitration, not court.
*. Both parties are bound to the agreement's terms.
*. Arbitration decisions are typically binding and final.
Get a local attorney's advice for specifics.
is it illegal to threaten legitimate legal action unless an arbitration agreement is signed
In Nevada, generally, it's not illegal to suggest arbitration as a means to resolve a dispute before resorting to legal action. However, the action becomes illegal if there's coercion or intimidation involved. Always consult a local attorney for advice tailored to your situation.
is there anything that indicates it is an arbirtation agreement
In the provided contract, Article * ("Governing Law and Jurisdiction") indicates that disputes shall be resolved through binding arbitration in accordance with the rules of a specified arbitration agency. This suggests it includes an arbitration agreement. Always consult a local attorney for comprehensive review.
in an arbitraion agreement is there anything that indicate it is a arbirtration agreement
An arbitration agreement typically includes:
*. A clear statement that disputes will be resolved by arbitration.
*. The process for selecting an arbitrator.
*. The rules governing the arbitration.
*. A waiver of the right to resolve disputes in court.
Please seek a local attorney's advice for specifics.
statue of limitations of fraud in clark county nevada filing deadline
In Nevada, the statute of limitations for fraud is three years. This means you generally have three years from the date of the fraudulent act to file a lawsuit.
- Please consult with a local attorney as exceptions may apply.
when will be considered the date of a fraudulent act
In Nevada, the date of a fraudulent act is typically when the act was committed. However, the discovery rule may apply, which starts the clock when the fraud was or should have been discovered. Consult a local attorney for specifics.
in clark county nevada what are the different charges of fraud
In Clark County, Nevada, different charges of fraud can include:
*. Identity Theft.
*. Credit Card Fraud.
*. Insurance Fraud.
*. Securities Fraud.
*. Real Estate or Mortgage Fraud.
*. Mail Fraud.
*. Wire Fraud.
*. Bankruptcy Fraud.
Remember, it's always best to consult a local attorney for advice based on your specific situation.
fraud concerning misrepresentation of repayment of loan given
In Nevada, if there is misrepresentation concerning repayment of a loan, this could potentially be regarded as fraud. Actions to consider include:
*. Reporting the incident to local authorities.
*. Filing a civil lawsuit for damages.
*. Consultation with a local attorney.
Remember, this is general advice and your specific situation might require different actions.
what type of fraud
In Nevada, misrepresenting one's ability or intention to repay a loan could potentially be classified as "Fraudulent Misrepresentation." This involves:
*. A false statement of a material fact.
*. The person knew the statement was false.
*. The person intended to deceive.
*. The victim relied on the false statement.
*. The victim suffered damages as a result.
Consult a local attorney for personalized advice.
the person told a date of repayment and did not which led to loss of assets
In Nevada, promising a repayment date and failing to follow through, leading to loss of assets, could potentially be considered fraud or breach of contract. Can you provide more details about the loss of assets and the repayment agreement?
cash was borrowed and was supposed to be paid on January *, *
Was there any written agreement about the repayment date and did the borrower acknowledge this agreement? It's crucial to gather all evidence related to the loan and repayment terms.
yes text messages which continue to show deception
In Nevada, these text messages might be used as evidence of fraud or breach of contract. You may:
*. Preserve these messages for evidence.
*. Consult a local attorney to evaluate the case.
*. Consider filing a lawsuit for damages.
Please consult an attorney for advice tailored to your situation.
is this fraud or a breach of contract or both
In Nevada, this could potentially be considered both fraud and breach of contract. Fraud, due to the deception involved, and breach of contract, if the repayment terms were outlined in an agreement and not fulfilled. Consult a local attorney for advice tailored to your situation.
what felony would apply
In Nevada, if the deception and breach of contract led to a loss of $* or more, it could potentially be considered a felony under NRS *.* - Obtaining money or property under false pretenses. However, the specific charge will depend on the circumstances. Always consult a local attorney for advice tailored to your situation.
add stolen car
If your car was stolen in Nevada, you should:
*. Report the theft to the police.
*. Notify your insurance company.
*. If you suspect who might have stolen it, inform the police.
Remember, this is general advice and your specific situation might require different actions.
what will be the potential punishment for car theft and fraud
In Nevada, potential punishments for car theft and fraud can include:
*. Car Theft: A category B felony, punishable by *-10 years in prison and a fine up to $*,*.
*. Fraud: Penalties vary based on the value involved. For amounts over $*, it's a felony with possible prison time and fines.
Consult a local attorney for specifics.
how long do i have to file breach of contract
In Nevada, the statute of limitations for filing a breach of contract lawsuit is:
- 4 years for written contracts.
- 6 years for contracts not specifically covered by other statutes.
Please consult with a local attorney as exceptions may apply.
oral contract
In Nevada, the statute of limitations for filing a lawsuit for breach of an oral contract is 4 years from the date the breach occurred. However, proving the terms of an oral contract can be challenging. Always consult a local attorney for advice tailored to your situation.
can you file a civil law suit for fraud and misrepresentation
Yes, in Nevada, you can file a civil lawsuit for fraud and misrepresentation. Considerations include:
*. Gathering evidence to support your claim.
*. Filing within the statute of limitations (3 years for fraud).
*. Consulting a local attorney for guidance.
Remember, this is general advice and your specific situation may require different actions.