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  1. #1

    Default Re: Personal Info Published To Public Website

    Quote Quoting cbg
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    You aren't getting it.
    No, I get what you are saying. I am just not getting your logic for why you are saying it. I understand with the amount of posts you have and from the threads I've read that you are probably frustrated thinking here is another person only looking for the answer they want to hear. However, I assure you that isn't the case and I am taking in your replies with an open mind.

    Quote Quoting cbg
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    You have NO leverage. You have no damages and you may never have any damages. You have no grounds to sue now and you may never have any grounds to sue.
    So is leverage only defined by having all the elements of a lawsuit? I am legitimately asking. I would think having consent of negligence and the likelihood of future damages could be considered leverage? But hey, I could be wrong. It just seems (common sense wise) to me that an admittance of negligence with possible future damages would hold some weight in negotiations.

    Quote Quoting cbg
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    So why should they settle with you on the basis that IF you at some time in future have damages, you won't sue? Wouldn't it make more sense for them to gamble that you'll never have any damages and then never have any grounds to sue?
    Well there are many reasons to settle and I suspect they will settle just because of the cost of trial alone. I mean, don't settlements happen everyday for that reason?

    If they were suing me for say $100. (Assuming the average court case cost them $80) If I said, look the court case is going to cost you $80 and you may not win, how about I just give you $70 now and we'll settle?
    Well, that wouldn't be extortion would it? I suspect that is negotiation of a settlement.

    How about if I said, look the court case is going to cost you $80. ALSO, let's not forget, you just did something negligent that COULD be grounds for a lawsuit from me in the future. I'll waive my right to sue you later, should I suffer damages and give you $50 to settle the suit in which you’re suing me.

    Is that extortion? Maybe in the legal definition it is, again I don't know. Are you really telling me it is? I am just really surprised to find out that your saying it is. I just assumed from my limited knowledge that deals like that are made all the time. I assumed it to be part of the negotiation process of a settlement.

    Maybe it won't carry any weight with them, maybe they will say, we could care less about you waiving your rights to sue us later if you are ever damaged. Which I would be fine with, I am offering something, they have the right to reject it.

    My stance is, I don't think it hurts to offer, if they reject it, fine. However, I certainly don't want to even make the offer if it's going to be considered EXTORTION by a judge or something.

    So you saying it's dangerously close to EXTORTION is what scares me and why I am continuing the discussion.

    I can understand your point that they may not give my offer any merit, but Extortion really? If you REALLY think that, could you elaborate for me? That's the only part I am not getting, how it's extortion?

    Thanks,
    James

    Again, I am really not trying to be argumentative. I just want to understand why you say its extortion. My offer could have no merit, I get that, extortion, I don’t.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Personal Info Published To Public Website

    I thought I'd made it pretty clear. Maybe extortion is a bad word; maybe blackmail would be better.

    You give me this, or I'll take this (negative) action against you.

    Particularly since the action you're threatening to take is one that you have no legal grounds to take.

    Sounds pretty cut and dried to me.

  3. #3
    panther10758 Guest

    Default Re: Personal Info Published To Public Website

    Law suits require "damages" (as cbg plainly put) where there are no damages there is no suit.

  4. #4

    Default Re: Personal Info Published To Public Website

    Quote Quoting panther10758
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    Law suits require "damages" (as cbg plainly put) where there are no damages there is no suit.
    Yeah, I got that part and acknowledged it. I am just confused (legitimately) how the examples I gave above wouldn't be extortion, but my offer to waive a potential suit would be consider so.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Personal Info Published To Public Website

    You still aren't getting it.

    In your case, you have no basis for a lawsuit. You do not have any legal grounds to sue them, but you are using the threat of a lawsuit to force their hand.

    In the examples you gave, the District Attorney, bill collector and employer all have the authority to settle a legitimate issue with a lessor charge/amount.

  6. #6
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Lightbulb Re: Personal Info Published To Public Website

    J, you're basically proposing a consequence. Pretty much the same thing as the schoolyard bully tellin' the nerdy kid to 'fess up his milkmoney or you'll mash him.

    The examples you cite a couple posts ago are settlements of a sort to pre-existing conditions.

    Your basic premise that you keep trying to drive to legitimacy is still tantamount to extortion and/or blackmail.

    The old put-a-dress-on-a-pig-concept-----it still stinks and under the fancy dress it's still a pig.

    JMHO!

  7. #7

    Default Re: Personal Info Published To Public Website

    If you legitimately have (either now, or in the future) damages from their action, then by all means bring a lawsuit and take 'em for whatever you can get. But DON'T confuse one possible issue as being a bargaining chip for some separate issue, which must be treated as such, particularly when doing so could result in criminal charges against YOU.

  8. #8

    Default Re: Personal Info Published To Public Website

    OK, I think I understand a bit more. However, I am not sure I agree with it, if that's the way the law is interpreted/applied. But there are probably tons of things in the law I wouldn't agree with if I knew them all.

    From a laymen's perspective, I could understand it being blackmail/extortion better, if I was making the thread of a lawsuit which was totally without merit.

    If I were saying, I am going to sue you for a reason I am just going to make up. That would be one thing. But if I were to phrase it more like, "Your client, by there own admission, commented a negligent act which has a strong possibility of resulting in damages. We are willing to forgive your liability right now, should damages ever result." I just don't think the second example should be considered blackmail/extortion.

    But clearly I am wrong.

    So a follow up, are damages subjective? They recommend in there letter that I use the credit monitoring service at least once a week to check my credit reports.

    1.) This takes time out of my schedule to do this I would not have had to take if it were not for their negligent action. Probably doesn’t equate to a lot in monetary terms, but damages none the less?

    2.) I now spend time worrying about my identity getting stole, again, probably not worrying enough to equal a lot in monetary damages, but wouldn't that be damages?

    3.) Wouldn't it be prudent of me to have some type of identity theft insurance given the situation? If I made a request to them to purchase insurance of this type, they refused and I purchased it on my, wouldn't the purchase price be damages?

  9. #9

    Default Re: Personal Info Published To Public Website

    Quote Quoting cbg
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    You give me this, or I'll take this (negative) action against you.
    Ok, but this description fits alot of things that I know go on everyday. Are you saying they are all extortion?

    Prosecutor: You plead guilty to manslaughter or I am going to charge you with murder and take you to trial.

    Extortion?

    Bill Collector: You owe us $500, give us $400 and we won't sue you for $500.

    Extortion?

    Employer: Resign and we will not fire you.

    Extortion?

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