Thread: What type of Lawyer to pursue fraud indirectly related to Equipment purchase / loan?

Reply to Thread
Results 1 to 2 of 2
  1. #1 What type of Lawyer to pursue fraud indirectly related to Equipment purchase / loan? 
    Senior Member
    Join Date
    Feb 2013
    Posts
    413
    Since there have been a lot of stolen gear / fraudulent rentals posted - maybe those people could share what legal approach they took and if there was a specific category of lawyer that is appropriate.
    RED owner (yes hard to believe) provides their RED Epic as collateral for 4,000 loan - then repays loan with personal check and keeps red EPIC - but guess what? the check won't clear and the signature has been intentionally mis-signed to make cashing difficult.
    Said owner then skips town from LA to NY.

    I realize there are probably not too many cinematographer-lawyers in RedUser - but what is best approach to at least get a judgement against them that might result in a lien against property or wage witholding or some black mark on their film reputation so they can't continue the behavior?
    I have signed contract for the loan but do I file in both states? Coincidentally, my bank account is originated in the second state - so in some respects it is interstate fraud. Have people who were the victim of fraudulent loans filed in the state of the rental or the state of current residence of the perp?

    Also, have people been able to get Share Grid and similar rental groups to honor legal judgements against their users especially where fraud is involved and likely to recur?
    Thanks for any suggestions - feel free to DM if you prefer.
    Mike
    Reply With Quote  
     

  2. #2  
    Quote Originally Posted by Mike Finegan View Post
    RED owner (yes hard to believe) provides their RED Epic as collateral for 4,000 loan - then repays loan with personal check and keeps red EPIC - but guess what? the check won't clear and the signature has been intentionally mis-signed to make cashing difficult. Said owner then skips town from LA to NY.
    Several things:
    (1) the CA statute of fraud refers to the enforceability of various t contracts for certain amounts (https://www.stimmel-law.com/en/artic...rnia-contracts). You have a written contract with this individual specifying the terms (a contract), but it is probably going to cost you more to try to enforce it then the amount in question.

    (2) Fraud: if the individual did give you a fraudulent check (California Penal Code Section 470), this is a criminal offense. You should file a police report to that effect in the jurisdiction that the fraud occurred.

    (3) I would say that the legal remedies available to you against the individual (to recover the money or the camera) would cost you more in legal fees then the property/amount that you are trying to recover. Your best approach would be to contact this individual and warn them that you are planning on taking legal action against them (criminal) to see if you can get them to either pay or return the equipment.

    Always do your due diligence and always put everything in writing.
    Reply With Quote  
     

Posting Permissions
  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts