Whether or not it is legal to change an invoice in Florida depends on the circumstances and purpose of the change. Florida invoice law provides punishments for illegally changing invoices and making duplicate, fake, or inflated invoices that are knowingly sent to a purchaser with the intent to defraud them. An invoice may serve as the basis for a lawsuit if it has false or fraudulent information for goods that were not provided or services that were not actually rendered or if the invoice was forged.
When an invoice is forged, it means that it was changed, created, or includes false writings in order to deceitfully obtain money that is not actually related to the subject of the invoice. For example, if an invoice that appears to be from a legitimate business is created and sent to a customer to get money, the creator may be charged with invoice fraud crimes.
It is also considered fraud to engage in false invoicing. False invoicing arises when a company provides an invoice to a customer asking them to pay for services or goods the company knows that the customer did not purchase.
False invoicing differs from a forged invoice, as a forged invoice is often done by a third party. It can also be done by independent contractors or workers who put time on their timesheets when they did not actually work for their employer during those hours.
If a worker or independent contractor submits timesheets to their employer for work they did not do, their employer may be able to sue them for invoice fraud. If anyone, whether a worker, customer, or employer, is concerned about any type of invoice fraud in Florida, it is essential to schedule a lawyer consultation.
What Is an Invoice?
Invoices are business statements that include lists of goods or services provided and the amount that is due for those. For example, a vendor of a business will send an invoice to a client who needs to pay for services or goods that they received.
Many businesses use invoices to bill their clients. When a client gets an invoice, they should treat it the same way as a bill.
An invoice is not the same thing as a receipt. Receipts are documents given to customers following transactions that show proof the client paid for items or services.
An invoice can also have additional information, such as the seller’s contact information, information about the purchase, return policies, and any other contract-like provisions that can apply. Reasons why vendors and businesses use invoices may include, but are not limited to:
- To predict how much of a product that a business will need to order to keep up with demand
- Forecasting how much a business will earn in a given month or year
- Gathering consumers’ information, for example, product trends or the most popular products of a seller
- To preserve a record of the sales transaction and its date and time
- To keep track of payments or amounts a customer still owes
- Protecting the company against future legal issues
There are various types of invoices that businesses can use based on their needs. One of the more common types is a commercial invoice, which identifies the goods that were provided as well as the amount that is owed for them.
Timesheet invoices can also be used to charge customers for services rendered. These may also be used for a recurring transaction, such as a subscription fee.
Are There Any Consequences for Invoice Fraud in Florida?
Yes, invoice fraud in Florida may cause serious legal consequences. A company can face lawsuits in civil court as well as criminal penalties for engaging in this conduct.
If, for example, a business is sued for invoice fraud in a civil court, they may be required to pay monetary damages to reimburse the other party for the money they lost as a result of the fraudulent invoice. The business may also be ordered to pay punitive damages in addition, which can be applied if the business’s conduct was egregious.
If a business is convicted in a criminal court, one of its representatives may face jail time and the company may have to pay fines. In general, the more money that is stolen in the fraudulent invoice scheme, the more severe consequences the business may face.
In addition to criminal and civil penalties, if the business engaged in invoice fraud in order to avoid tax penalties, it can be fined and punished by the Internal Revenue Service (IRS). An insurance carrier can also sue the business if it engaged in invoice fraud to cash in on its insurance policy.
If anyone wonders how to sue a company for invoice fraud in Florida, it is very important to consult with a Florida lawyer.
Are There Any Legal Defenses To Invoice Fraud in Florida?
There are several different defenses that a Florida business may present when facing invoice fraud charges or an invoice fraud lawsuit, including:
- Lack of intent
- Lack of proof
- Insufficient evidence
- Coercion
- Consent
- Mistake
- Entrapment
When a business makes a mistake on an invoice, they can change it. For example, if an important piece of information was missing or there was a typographical error.
Invoices that have not been sent should be carefully reviewed before they go out. If one has already been sent and an error is found, it is very important to have it amended as fast as possible.
To properly amend an invoice in Florida, a business can notify the recipient and their creditor, if necessary. Once this has been done, the business can fix their mistake by giving a refund or sending a new invoice.
A business should keep copies of both the incorrect invoice and the amended invoice. These copies can be used during any future legal disputes to show that they did not engage in fraud but made a mistake, which they corrected.
Do I Need a Florida Attorney for Help With Invoice Fraud Issues?
If you are having any type of invoice fraud issues or concerns, it is very important to consult with a Florida business lawyer. Invoice fraud can be a very serious issue and can result in very serious legal consequences.
Your business could face a lawsuit in civil court as well as charges in criminal court. If you or your business are sued or face criminal charges, you should consult a Florida lawyer as soon as you can.
Your Florida business attorney can represent you in court and present any possible defenses to the fraud claims. They will also be able to help you negotiate a settlement with the other party, if they are willing.
You can quickly and easily take advantage of the lawyer matching services provided by LegalMatch to find a lawyer in your area of Florida who is ready to get started helping you. Just submit your invoice fraud question on the website and, within about a business day, you will start receiving responses from licensed member lawyers near you.
These Florida member lawyer responses will include information on each attorney’s education and background, fee arrangements they use, and reviews from prior clients. You can reach out to multiple different attorneys to find out who best fits your needs and budget.
