Who is a crook and why is a lawsuit against a crook usually a last resort?
A crook is usually a person who is very skilled at committing acts of fraud and deceit (especially if it is an act of Fraud by a lawyer). If you have been victimized by a fraudster, it is very likely that you are not his only or first victim. The more property or money you have lost as a result of the fraud, the more likely it is that you will have no choice but to file a lawsuit against the fraudster to recover what you lost.
In most cases, going to court against a scammer is the only way to get him to treat you because a skilled scammer doesn't treat you.Warning letters before taking legal action (Although it is recommended to consider sending them anyway), and sometimes it is not even possible to find the scammer to deliver the warning letter to him.
At the same time, we must take into account that filing a lawsuit against a fraudster and even winning it, and receiving verdict To your advantage, they don't always guarantee that you'll get back what you lost. If it's a scammer who's even slightly skilled, he probably knows not to have bank accounts or property in his name.
In this article you will discover what is important to do before filing a lawsuit against a fraudster (including for Receiving something fraudulently) to increase the chances of success in court, and also to increase the chances of collecting the money awarded in your favor as part of the judgment.
It is important to understand at the outset that the ability of most people to succeed in a lawsuit against a fraudster without legal assistance is limited. Fraud and deceit lawyer Experienced, it is zero. Anyone who tries to pursue a lawsuit in these cases without an experienced lawyer in this field will quickly discover that it will be necessary to correct mistakes they have made. This is not always simple and not always possible. Correcting mistakes may cost you quite a bit of money, and no less importantly, quite a bit of time, so the legal process may be significantly delayed.
Claiming against a fraudster – preparation is very important
Assume that filing a lawsuit against a fraudster is a very easy task, but there is a difference between filing a lawsuit and winning a lawsuit. The more significant the dispute, the more likely it is that the fraudster will do everything he can to avoid filing the lawsuit or delay it as much as possible.
For this reason, it is very important to collect all relevant data before filing the lawsuit in order to more easily overcome all the tricks and shenanigans of the fraudster during the legal process.
Locating the scammer's details
The first step before any lawsuit, especially when it comes to a professional and skilled fraudster who engages in fraud (for example Credit card fraud or fraud of the type Transferring funds from a bank account without permission), is to locate the details of the fraudster. For the purposes of the legal process, you will need to find out his real name, last name, ID number, and address, as updated by the Ministry of the Interior.
Assuming you know at least some of the details, you can usually get the rest by Submitting an online application to the Population Authority and a fee of 25 shekels. If you don't know any details, there will probably be no choice but to hire the services of an investigator to locate the details.
The reason why it is important to locate the scammer's details is that you will not be able to file a Claim Against an unknown person (correct identifying details must be provided).
Another reason why it is important to file a claim with correct details is if the fraudster does not file Defense, you can demand to receive Judgment in the absence of a defense.
Locating the fraudster's assets
Before filing a lawsuit against a fraudster, especially when the dispute involves a very high monetary value, it is highly advisable to hire a financial investigator to check whether there are any assets or bank accounts in the fraudster's name. The cost of such an examination is usually estimated at several thousand shekels, but in exceptional cases it may cost more.
The reason such an examination is very important when it comes to significant financial disputes is that you may file a lawsuit against a crook and even win it after several years, and after you have invested quite a bit of money in the process (at least a lawyer's fee to represent you), but at the end of the road you will discover that there is actually no way to get paid by that crook, and even if you open an enforcement case, you will not be able to collect anything.
If the financial investigator's findings are that the fraudster has no assets or funds in his name, it would be worthwhile to continue investigating to try and locate the name in which the fraudster registered his assets and transferred his money.
In these cases with Filing a lawsuit It will be possible to apply for Temporary relief In the form of Bank account seizures or assets, and this way you can ensure that filing a lawsuit against a fraudster will not be in vain because at the end of the procedure you will be reimbursed from him, if the court accepts the lawsuit (for example, within the framework of Loan repayment claim that the scammer does not pay you back).
Is it worth sending a warning letter before filing a lawsuit against a fraudster?
In most cases, it is advisable to send a warning letter before filing a lawsuit because when the recipient of the letter is a normative person, you may be able to reach agreements before filing a lawsuit and without having to conduct a complex, expensive, and lengthy legal process.
But a crook is usually not a normative person. It is very possible that sending a warning letter will serve as an opportunity for him to smuggle all his assets to third parties, so in effect you will be helping him thwart your lawsuit.
However, it is impossible to say absolutely that it is not worth sending a warning letter to a fraudster. Each case should be examined on its own merits and you should consult with an experienced lawyer who can explain to you what the chances and risks are in the circumstances relevant to you.
What evidence might help you in a lawsuit against a fraudster?
Assume that the scammer is more experienced than you and knows exactly what to do to avoid leaving any traces that he did something wrong or that he owes you something.
For this reason, before filing a lawsuit against a scammer, make sure you have the appropriate evidence to win the lawsuit against the scammer.
Recorded conversations or correspondence with the scammer
Before filing a lawsuit against a scammer, it is a good idea to review all of the conversations and correspondence you had with the scammer on the issue relevant to the lawsuit. If you have recorded conversations, make sure to copy them to a safe place and keep them off your phone. Phones can be broken/lost/stolen, and you don't want your important evidence to disappear under these circumstances.
כנ"ל לגבי התכתבויות, במיוחד אם מדובר בהתכתבויות וואטסאפ. ניתן לייצא את כל ההתכתבויות ולשמור אותן מחוץ לטלפון במקום בטוח.
Documents indicating the transfer of funds or assets to the fraudster himself
In most cases, skilled scammers make sure that the victim does not transfer the funds or assets directly to them, but to a third party controlled by the scammer. This is done with a very clear goal – to prevent you from filing a lawsuit against the scammer because he will claim that he never received anything from you.
If you have documents proving that the funds/assets were transferred to the fraudster – great. If not, it is worth talking to the person to whom you transferred the funds or assets to verify their connection to the fraudster himself. Of course, record the conversation so that it can be used if necessary.
Witnesses who saw you transfer money or assets to a fraudster
Witnesses who actually saw or heard about your dealings with the fraudster can be very helpful. If these are people you don't know or trust to come to court on the relevant date, you should consider asking them to sign an affidavit in advance, which can be submitted as evidence to the court.
At the same time, it is worth recording the conversation with the witness so that later the witness will have difficulty changing his version in court (especially if the fraudster tries to influence the witness, and in extreme cases, even bribe him).
Claiming a Fraudster – Only with an Experienced Lawyer
One of the most important factors in the success of a lawsuit against a fraudster is the lawyer who will accompany and represent you in court. Not every lawyer deals with these types of lawsuits, and not every lawyer will be able to provide you with the appropriate legal service you need in a lawsuit against a fraudster.
Check with the lawyer whether he has handled similar claims in the past, and what his successes were.
In conclusion
A lawsuit against a fraudster is different in its characteristics from lawsuits against other people or entities because a fraudster is a professional who knows how to evade legal proceedings or significantly delay them. If you have been harmed by a fraudster for a significant amount of money, you are probably not his first or only victim.
To succeed in a lawsuit against a fraudster, the preparation stage is a very important stage. The most basic thing that is important to find is the fraudster's details. Without the fraudster's details, you will not be able to file a lawsuit, and you certainly will not be able to win the lawsuit.
In cases where there is a significant financial dispute, it is highly advisable to consider hiring the services of a financial investigator to try to locate the assets and bank account details of the fraudster. If you have the information, you can file a request with the lawsuit for temporary relief in the form of garnishments on bank accounts or a garnishment on the fraudster's assets.
A crucial factor in the success of a lawsuit against a fraudster is the lawyer you choose to represent you. If you choose a lawyer who is not familiar with these types of lawsuits, your chances of success will be much lower.
