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  1. #1
    Join Date
    Feb 2012
    Location
    New York, NY
    Posts
    1

    Default Harassed By a Merchant After a Chargeback

    My question involves criminal law for the state of: New York, New Jersey:

    A service provider has stalked me, come to my residence and demanded entry and accused me in writing of being a thief.
    This was after I registered a reversal of charges with my bank credit card.

    I have filed an offical complaint and received a notice from his attorney that my complaint is believed to violate provisions C.P.L.R. 11-b
    and he is demanding withdrawl of muy compaint and has threatened sanctions against me.

    Please be aware that the defandant is an individual and an LLC, both. I have filed compaints against him personally, since he threatened and stalked me personally, as well as sending me an email claiming that I am a thief.


    do I have any legal standing or jurisdiction?
    thank you,

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: Harassed By a Merchant After a Chargeback

    You posted this as a criminal law matter, so by "I have filed an offical complaint" you mean your complaint to the police? On what basis is the attorney suggesting you might be subject to sanctions? CPLR 11-b has absolutely no relevance to criminal prosecutions.

  3. #3
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Harassed By a Merchant After a Chargeback

    Sorry, I have filed suit in NY Civil Court. The suit may been been filed incorrectly, and should have been filed in Criminal court?
    Perhaps I have wrongly filed the complaint as civil, when the related complaint deriving from the civil complaint, is criminal.
    So I should perhaps, dismiss this compalint as requested and re-file a criminal complaint since stalking and defamation would be considered criminal.???

    Many thanks for your very prompt resonse.

    Oh, and yes, I have also filed a complaint with the NYC police on this matter when I was stalked. The defendant later left, after I made it know that I would call the police, since he was stalking me and would not leave.

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