Can someone sue me for fraud if there is not invoice or official documentation, only transfers and text messages to show we were doing business ?

I have been developing a website for a
company, the website has been up from
January, but went down for 2-3 weeks. I
had recently fix the issue and the
website is now up and running. But they
have reported to the authorities that
it was some fraud by me. They are
saying it was a scam just because the
website was down for awhile.

There is no official invoices that was
created at the time of first transfers
to me, the only proof of business
between us is transfer she made through
MONEY GRAM to a associate and text
messages between us regarding our
business.

Asked on March 21, 2017 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be sued for fraud without "official documentation"--there is nothing in the law requiring certain paperwork to establish fraud. (Fraud can be purely oral, for example.) However, you may not be guilty of fraud: fraud is an intentional misrepresentation (a knowing lie) made *before* someone does business with you, to induce or cause them to do business with you. A technical or other performance issue, if it did not involve a lie or misrepresentation, is not fraud; it could be breach of contract (failing to do or provide what you were supposed to), and so you could be sued to recover provable damages or losses directly caused by the lack of service, but based on what you write, that should be the most liability you are potentially exposed to. For example: a return of the amount for paid the number of weeks the site was down.


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