If you are the victim of fraud and wish to sue, it is vitally important you record as many details as possible concerning the fraud and the surrounding circumstances. While fraud can lead to significant damages, including punitive damages, the pleading requirements are higher than normal.

A party is required to “plead with particularity” any claim for fraud. This means that the party must provide great detail in pleading all of the elements of a case for fraud, including for example, what fraudulent statements were made, by whom, when they were made, the circumstances surrounding how they were made, why those statements were not true, and the basis for the belief that the party making the fraudulent statements knew that the statements were not true. It is important to record all of the details surrounding the fraud so your lawyer can adequately plead the case such that it will survive a motion to dismiss.

As time tends to play tricks with memory, it is important these details be recorded as soon as possible after the fraud occurs.

Michael L. Kitchen