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  1. #1
    Join Date
    May 2016
    Posts
    3

    Angry Is a Demand for an Unpaid Balance Extortion

    My question involves criminal law for the state of: California

    "As you can see, extortion by threatening letter is pretty much the same as extortion by force or fear, except for two key differences:
    Extortion by threatening letter must involve putting the threat into a letter or other writing, and
    For extortion by threatening letter, the alleged "victim" does not actually need to hand over their money or property or commit an official act...or even consent to do so."

    <http://www.shouselaw.com/extortion.html>

    "Hello ***, This is *** from Serenity Salon, I noticed you blocked my numbers, which I was not expecting you do this, I am sending the evidence of your presence at Serenity and your due balance, if you dont pay your balance I will take a legal action against you, what you did is as a shop lifting, even worse since trick, lie and fraud returning your deal to Yelp after using it. This will stay on your record so be careful what your decision will be." - SALON OWNER

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is this considered Extortion in California

    Quote Quoting andy15
    View Post
    "Hello ***, This is *** from Serenity Salon, I noticed you blocked my numbers, which I was not expecting you do this, I am sending the evidence of your presence at Serenity and your due balance, if you dont pay your balance I will take a legal action against you, what you did is as a shop lifting, even worse since trick, lie and fraud returning your deal to Yelp after using it. This will stay on your record so be careful what your decision will be." - SALON OWNER
    So, what part of this message do you believe might be extortion? Keep in mind that the threat or force used must be UNLAWFUL. Merely stating that if you do not pay your bill they will or may take some form of legal action is NOT extortion.

    If you owe this place money, pay your bill or be prepared for them to either sue you for the debt, or, if the act constituted some form of larceny, for them to report the act to the police.

    On the face of this, I do not see the salon owner committing any form of crime ... though, YOU might have committed one by receiving services and not paying for them (if that's what happened).

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is this considered Extortion in California

    So, what part of this message do you believe might be extortion? Keep in mind that the threat or force used must be UNLAWFUL. Merely stating that if you do not pay your bill they will or may take some form of legal action is NOT extortion.
    Agree.

    In a recent CA Court of Appeal decision (Malin v. Singer - 2013) the court ruled that a similar (but more comprehensive) demand letter containing a threat of litigation was not criminal extortion.

    In the decision, the court reviewed two other cases (Flatley v. Mauro - 2006 and Mendoza v. Hamzeh - 2013) where demand letter contained elements that did rise to the level of criminal extortion.

    http://caselaw.findlaw.com/ca-court-...l/1639136.html

    It's an interesting (but lengthy) read and explains what one should or should not put in a demand letter.

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