Legally what can I do about a person that states they are an agent of my company, which they are not.

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Legally what can I do about a person that states they are an agent of my company, which they are not.

A gentleman had a customer write a 10,500 check to him personally claiming he was an agent of my company. They did this and stated that he said he is my agent so they paid him not my company. What do I need to do to get my money back and also to stop this from happening in the future. This occurred in Massachusetts.

Asked on June 30, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a situation that is going to depend on the detailed facts of the case, and you will need to spend some time developing that, between you and the customer, and the "gentleman" as well (in the unlikely event that he hasn't disappeared with the money).  You need a lawyer to represent you in this, at first to try and settle the case but if necessary to go to court.  One place that you can find a qualified attorney is our website, http://attorneypages.com

One of the key questions here is going to be whether it was reasonable for your customer to believe that the "gentleman" was your agent, and whether your actions or inactions made it possible for that belief to be reasonable.  If it wasn't reasonable, then as far as you're concerned, your customer hasn't paid you.


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