Extortion also called shakedownand, in a legal sense incorrectly, exaction is obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offense ; the bulk of this article deals with such cases. Extortion is sometimes called the » protection racket » since the racketeers often phrase their demands as payment for «protection» from real or hypothetical threats from unspecified other parties; though often, and almost always, such «protection» is simply abstinence of harm from the same party, and such is implied in the «protection» offer. Extortion is commonly practiced by organized crime. In some jurisdictions, actually obtaining the benefit is not required to commit the offense, and making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. The term extortion is often used metaphorically to refer to usury or to price-gougingthough neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. Neither extortion nor blackmail requires a threat of a criminal act, such as violence, merely a threat used to elicit actions, money, or property from the object of the extortion. Such threats include the filing of reports true or not of criminal behavior to the police, revelation of damaging facts such as pictures of the object of the extortion in a compromising position. In law extortion can refer to political corruptionsuch as selling one’s office or influence peddling[ citation needed ] but in general vocabulary the word usually first brings to mind blackmail or protection rackets. The logical connection between the corruption sense of the word and the other senses is that to demand bribes in one’s official capacity is blackmail or racketeering in essence that is, «you need access to this resource, the government restricts access to it through my office, and I will charge you unfairly and unlawfully for such access».
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)}Being arrested for a crime does not necessarily mean you will be moneg. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. DUI arrests don’t always lead to convictions in court. Gettint officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn. Shouse Law Group represents victims throughout the U. If you’ve been injured in ;urpose accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. This may sound fairly complicated. And, in fact, California extortion charges can be brought in a wide variety of scenarios. Politicians, celebrities, and sports stars are frequent targets of extortion. For example, one well-known former basketball player and current basketball coach was involved in a prominent California extortion case Extortion in most cases is a California felony. Victims who pay the money or property extorted can also bring a lawsuit to recover damages for «civil extortion» in California. Being falsely accused of and wrongly arrested for blackmail can be rhe nightmare. But experienced California extortion defense attorneys have seen this kind of thing before and know how to fight the charges. In an effort to help you better understand the specifics of California extortion charges — and how to fight them — our California criminal defense attorneys 5 will address the following:. If, after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group. The legal definition of California extortion consists of threas «elements of the crime.⓬
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Jump to navigation. It may be. The law says that physical abuse is a crime. Verbal threats can also be a crime. Emotional abuse by itself is not a crime. If your boyfriend or spouse did something physical to you or your child without permission, that is probably a crime. If he threatened to do something physical to you or your child, that also may be a crime. Sometimes emotional abuse is more painful than physical abuse. But emotional abuse is not a crime. A verbal threat can be a crime if it is a threat to physically hurt you, your child, or someone else.
What is Blackmail?
Blackmail involves a threat to do something that would cause a person to suffer embarrassment or financial loss, unless that person meets certain demands. The threat might include:. In order to avoid the threatened action, a blackmail victim must pay money to the blackmailer or perform some other action. The action demanded by the blackmailer may or may not be illegal itself. The growth of the Internet has also led to overlap between blackmail and cybercrime. Many forms of blackmail are considered crimes under state or federal law. Most states treat blackmail as a type of extortion or coercion, which involves threats of violence or other harm in order to compel a person to do something. Blackmail is generally classified as a felony, which could result in multi-year prison sentences and large fines.
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Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. DUI arrests don’t always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more. Shouse Law Group represents victims throughout the U. If you’ve been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. As a felony, it carries a potential prison sentence of up to 3 years in jail or prison. If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group.
Federal Blackmail Law
Show less When you loan people money, sometimes they don’t always repay. The debtor has broken a promise to you, and you should not feel bad about asking to be paid money you are owed.
Whatever the reason for the original loan, when someone who owes you money is not paying, there is always something you can. Sometimes they just need a simple reminder, but being prepared to escalate your requests effectively can make it more likely you collect with less hassle.
If you need to collect money from people who owe you, start by politely asking for it or giving them a friendly reminder that the money is. Be sure to include a due date or time frame for payment, like 10 to 20 days from the date of the notice, so they can get their affairs in order. If the new due date passes and you still haven’t received payment, you’ll need to be more direct.
Make it clear in your next communication that you expect immediate payment or a definite commitment to payment. Be sure to provide clear instructions for how to pay and note the consequences for not paying. If they ignore this communication, you may want to take legal action against. For more tips from our Civil Litigation co-author, like how to pursue other forms of legal action, read on! This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years.
Categories: Lending. Log in Facebook Loading Google Loading Civic Loading No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Article Edit. Learn why people trust wikiHow. Co-authored by Clinton M. There are 5 references cited in this article, which can be found at the bottom of the page. Determine at what point you don’t believe you will receive payment without asking.
If your initial agreement didn’t have a strict due date, then you will have to make that determination on your. Decide how much you trust the person to pay without you directly asking.
Take the amount owed into consideration. A small debt may not be worth pursuing right away, while a larger debt might take some time to collect. If you are owed money in the course of a business transaction, ask for it as soon as possible. Waiting on the debt will only make it harder to collect. Inquire politely about the money.
Once you have passed that date, make a request for the money. Sometimes people just forget, and a friendly reminder is all they need. More formally, this is called an «inquiry contact. Include all relevant information when asking about the debt. You should be prepared to provide the amount given, when you received the last payment, the amount owed, any payment arrangements you are willing to accept, contact information for you, and a clear due date. If you are dealing with a company or client, it can be helpful to make this inquiry in the form of a letter.
This gives you a paper trail if the situation escalates. For a due date, 10 to 20 days from the date the debtor receives a letter can be a good timeframe. It is in the foreseeable future but not close enough that the debtor feels panicked. Decide if you will accept alternate forms of payment.
It may not be worth it to you to wait for the full. If the amount is small, or you do not believe the person will be able to pay, consider letting them provide something else in return. Providing a service or other favors will work if that arrangement is acceptable to you. If this is the case, be clear about the offer and collect as quickly as possible. Don’t be too quick to bargain, as this may send the message that the debt can be negotiated down, or that the debtor can take even more time.
Be more forceful in your payment requests. These are called «demand contacts. Make sure it is clear that you expect immediate payment or a definite commitment to payment, and provide clear instructions for making that payment. Your language here should be more direct, and show some urgency. Phrases like «You need to pay now,» or «We need to come to an arrangement now» let the debtor know you are serious, and you are not willing to negotiate. Include clear consequences for not paying.
Let the debtor know what you plan to do if you do not receive proper payment on time, and be prepared to follow. Continue escalating the rigor of your collection activities. Hire a collection agency. Hiring a third party to conduct your claim lets the debtor know you are serious, and can free you up from the hassle of contact and arranging payment.
Know what you cannot. If you are collecting your own debts, there are certain practices that may be illegal in your state. There is a federal law that may apply to you if you could be considered a debt collector under the federal Fair Debt Collection Practices Act. In all likelihood, you will not be subject to that law but you will still need to comply with the laws of your state.
While each state’s laws will differ, you should generally stay away from the following tactics: Calling at unreasonable hours; Adding additional fees; Purposely delaying collection in order to add more fees; Telling the debtor’s employer about the debt; Lying about the debt owed; Making false threats to the debtor.
File a lawsuit in small claims court. If you do go to court, prepare for your hearing. If you have a contract, promissory note, or any other documentary evidence of the debt, make enough copies that you can provide the Judge and the debtor, or his or her attorney, with a copy.
You should also make copies of any other evidence you wish to submit in the same manner. This can be a drastic step. Make sure the amount owed is worth the hassle of appearing in court. If the debtor is a friend or relative, this can definitely have a negative impact on that relationship. File a lawsuit. If you fail in small claims court, or are not allowed to file claim there, go to the state court. Consult or hire an attorney, file the proper forms, and prepare for your court date with as much necessary paperwork as you can gather.
This option is generally more expensive, considering court and attorney fees, but if you are successful, it may be worth it more than using a collection agency. File a Petition for Citation. Once you have obtained a judgment against a debtor, you may file a Petition for Citation, for contempt of court, if they still fail to pay it. Filing a Petition for Citation along with a Notice of Hearing will cause the court to set a hearing, forcing the debtor to return to court and explain why they have not paid the debt.
Collect your money. After some process of inquiring, demanding, and suing for your debt, the debtor will be forced to pay. Sometimes it will be as simple as asking. In other cases, you may need to take additional court-ordered steps, perhaps a Writ of Execution, or a Lien, in order to receive proper payment.
If the case has gone to court, and you have employed the services of an attorney for that purpose, you should consult with them on the best course of action.
The easiest way to do this is ask the debtor. If he or she is unwilling to tell you, you may need to send a set of interrogatories, which are questions that must be answered in writing and under oath. Ask for a garnishment order. Individual states have different laws on wage garnishment, so make sure you are clear on the laws where you reside.
Sample Notice of Hearing Form. You can make requests by letter, email or orally; you can hire a collection agency; or you can take legal action through the small claims court. If the person owing money cannot pay cash but wants to pay «in kind,» you might be able to settle for a deal of services or goods instead, if this would be satisfactory to you.
Yes No. Not Helpful 1 Helpful 1. What can I do if someone owes me money and files chapter 7 bankruptcy? In this case, you become known in bankruptcy law as a «creditor. All attempts at collecting monies must cease at the time bankruptcy is declared, as the rules for distributing any remaining assets and monies apply from this point instead. Not Helpful 0 Helpful 0.
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Extortion vs. Blackmail
)}A legal threat is a statement by a party that purposf intends to take legal action on another party, generally accompanied by a demand that the other party take an action demanded by the first party or making threats for the purpose getting money from taking or continuing actions objected to by the demanding party. Legal threats take many forms. Common to all is that the party making the threat will take some form of action of a legal nature. Most common is the threatened noney of a lawsuit against the second party. Other threats might include an administrative law action or complaint, referring the other party to a regulatory body, turning the party into the legal authorities over a crime or civil infractionor the like. Legal threats are often veiled or indirect, e. The objected-to activity may be most anything, although cease-and-desist letters are particularly common among certain areas of the law:. A «demand letter» is a formalized demand by a party that another party pay money or take certain acts, often accompanied by a claim that the second party has engaged in illegal conduct, with an implicit or explicit threat that the demanding party will take some form of legal action. For the most part, a legal threat is of no legal significance other than a matter of negotiation tactics; however, in certain instances a legal threat does have some legal significance. Among other things, a legal threat may do the following:.⓬
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