Q: Company, in refusing to honor contract's terms, is falsely alleging that they are owed money. No money is owed.
Company has falsely alleged to a third party the company's false allegation(s). Third party may not necessarily be aware of company's false allegation(s). What are the claim(s) that should be sought against the company propagating the falsehood(s) and the third party to whom the company has forwarded their false information? Is the company's conduct not fraud? Is the company's conduct not criminally fraudulent?
A:
While the conduct may be criminally fraudulent, that recourse may not best suit your goals.
Causes of action may include, but are not limited to, negligence, breach of contract, fraud, tortious interference with contract, and libel/slander.
Another issue that you need to be aware of is the statute of limitations.
In New Jersey, you have two years to institute suit for negligence, and six years to institute suit for fraud and breach of contract.
You would be best served by at least consulting with an attorney regarding these issues.
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