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  1. #1
    Join Date
    Jan 2018
    Posts
    13

    Default Is It Illegal to Threaten to Report Criminal Activity to Collect a Personal Loan

    My question involves collection proceedings in the State of: California. I loaned an acquaintance who I considered a friend $200 3 weeks ago with the agreement that she would pay me back the following day through Zeille. Since then she has repeatedly lied and made excuses about repaying the debt. She is a foreign national who is on probation for a felony dog attack and threats made against her former neighbor. ICE took her into custody last year after her conviction and she is now released pending an immigration court hearing later this year. She's gay or bisexual and her girlfriend is a lawyer who is also representing her in her criminal cases (she also has a marijuana possession for sale conviction in the last year). Her convictions predate her involvement with the girlfriend lawyer. To top it off she is a prostitute who advertises herself on the internet. A google search of her alias or business phone number will bring up numerous hits confirming her ongoing endeavors in the sex industry. I have known her for 2 years not as a customer but as a former roommate and (I thought) friend.

    If you're still with me here is my question: Is it in any way illegal for me to threaten to speak to her lawyer/girlfriend regarding her breach of the oral contract to repay me the $200? Furthermore, is it in any way illegal if I threaten to drop a dime and inform the DA and/or US immigration attorney about her ongoing illegal activities? I don't want to do any of these things but I have found that she is willing to burn our friendship to the ground rather than pay me back. It's a shame and I was stupid to trust her but I'm OK with ridding myself of her. Please do not answer unless you are directly answering my question. I don't need any smart alec BS replies thank you.

  2. #2
    Join Date
    Oct 2016
    Posts
    4,123

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    Threatening to report her crimes if she doesn't give you money would be extortion. Speaking to her lawyer who happens to be her girlfriend is just stupid.

    If you want to try and get your money back file a small claims suit.

  3. #3
    Join Date
    Jan 2018
    Posts
    13

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    It is not giving me money it is repayment of a loan.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,123

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    It is still extortion.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    You could be charged with an attempted felony pursuant to PC 664/518.

    http://leginfo.legislature.ca.gov/fa...sectionNum=518.

    The fact that the money is owed to you won't matter, or, that she is involved in criminal activity. You can do your civic duty and call the police or ICE to report her, or not. But, to threaten to report her if she doesn't pay you back the $200 can and probably would be charged as extortion.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Mar 2013
    Posts
    18,024

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    Quote Quoting hozedhead
    View Post
    It is not giving me money it is repayment of a loan.
    The only thing you CAN threaten is a lawsuit.

    But don't bother doing that if you aren't going to actually file the lawsuit.

  7. #7
    Join Date
    Jan 2011
    Posts
    358

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    The ex-friend is likely judgment-proof anyway. I would drop the dime on her to the authorities and walk away.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    Quote Quoting bcr229
    View Post
    The ex-friend is likely judgment-proof anyway. I would drop the dime on her to the authorities and walk away.
    If they don't have $200 then filing in Small Claims is likely a waste of time. It's probably more harmful to you fretting over this woman than just moving on.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Jan 2018
    Posts
    13

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    I went ahead and told her I was going to file a civil suit. She ended up paying me the money. Thanks to all for the help!

    This was my message to her in case anyone reads this thread in the future and wants to use it:

    "You have given me no other option except taking you to court to get my money back. Do you really want to spend time and money going to civil court when you will have to pay more than the $200 that you owe? Don't tell me it's my word against yours. Ask your lawyer how wise it is for someone in your legal standing to commit perjury over $200. I have text messages showing you agreeing to pay. This is your last chance to settle your debt in full before I go to court tomorrow and file a claim against you."

    I sent it via text, instagram and whatsapp. She paid me within minutes. I do not expect to have any communications with her again.

  10. #10
    Join Date
    Oct 2016
    Posts
    4,123

    Default Re: Is It Illegal to Threaten Legal Action to Collect a Personal Loan

    Glad it worked out for you.

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