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    wallabee4's Avatar
    wallabee4 Posts: 294, Reputation: 19
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    #1

    Apr 29, 2008, 09:08 AM
    If you commit fraud to enter contract is contract valid?
    Seems like a simle question. What's the answer? Thanks!
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Apr 29, 2008, 09:10 AM
    You need to give way more info than that. What type of fraud was committed? What type of contract?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 29, 2008, 09:14 AM
    Quote Originally Posted by wallabee4
    seems like a simle question. what's the answer? thanks!

    Is this part of your other problem and threads involving invalid liens, Attorney conflict of interest, "can you fool somebody to serve papers?" Is this all the same matter?

    Need more info - as has been suggested to you on several occasions, you really do need an Attorney as your lawsuit seems to be spinning out of control.
    wallabee4's Avatar
    wallabee4 Posts: 294, Reputation: 19
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    #4

    Apr 29, 2008, 07:16 PM
    Yeah, same issue. Naw, this is a small claims dispute for a small amount. Here you can't use a lawyer for small claim and I wouldn't want to pay one to do what I can do myself anyway. I found it, it's fraud in inducement. Besides, being a lawyer isn't brain surgery. If you have smarts, patience, and do your research, you can accomplish what somebody'll charge $100 to do for you. With a bit of guidance now and then from AMHD, I'm cautiously confident I can get this jerk in court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 29, 2008, 07:52 PM
    Well first the law will very by state, then no matter what the written law on the books say, it will depend to what case law and other appeals have defined the use of that law.

    So you go to Lexus and pay to do online legal research for all case law that is similar to your case.

    Since you have to first define if their action was a fraud, was it proved, it has to be proved fraud according to the laws of fraud

    Next contract, what was it for, was it in writing, did it even meet the legal requirements to be a contract in your state.

    Also, sorry but small claims court is not looking for Perry Masons, they want two sides to come in and just tell their stories before they rule.


    fraud in the inducement
    nounfraud which intentionally causes a person to execute and instrument or make an agreement or render a judgment; e.g. misleading someone about the true facts

    **also what did the actual written contract state, if the written contract states all of the actual facts, if it did not include the fraud, it may still be valid since the written document will over ride any verbal statements prior.

    In small claims court, you explain to the judge they lied to you and cheated you and tell them way.

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