I got a letter from CA stating the following: "To avoid us from reporting to credit bureau, send the payment in the amount of xx.xx by Oct. 21". Can they use these tactics? This to me, is extrotion. I looked up my state law and found the following: 836.05 Threats; extortion.--Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. I think I have a case. CA has sent "communication which maliciously threatens reputation of another with intent thereby to extort money shall be guilty of a felony of the second degree" whats does evereverybody else think?
I think that depends on whether or not the debt is valid...kinda...if it applies at all. If you owe them the money, it isn't extortion to tell you the consequences of not paying them...providing the consequences are not illegal. L
Where's the malice? That's what CA's do and they are telling you before they do it, that doesn't always happen. Sassy
Malice is to commit a wrongful act that will result in harm to another. In my argument, wrongful act would be extortion and harm would be my soiled reputation.
ok, my dictionary says it is a desiring or wishing pain, injury or distress to another. The other says malice, hatred; ill will; a formed design to do an unlawful act. Maliciously, with malice; wrongful; wanton; without just cause. Is this your 1st letter from the CA? the 50th? Do they contain the mini-miranda warning and did the first contain the full miranda? Did you exercise it? Malice has intent. Sassy
Is this your 1st letter from the CA? Yes Do they contain the mini-miranda warning and did the first contain the full miranda? Did you exercise it? Full. I got this letter on Friday and will be sending out validation tomorrow. I just wanted everybodys opinion if my argument holds water in regards to extortion. I'm going to include it in my validation letter, just to put them on defensive. Thanks for your help.
LOL, well that will get them on the defensive alright. Good luck, post back if they address the extortion issue please. Sassy EDIT: "To avoid us from reporting to credit bureau, send the payment in the amount of xx.xx by Oct. 21". Does 10/21 allow you the full 30-days to request validation and dispute? Could be overshadowing or contradictory, depends on the rest of the letter, I suppose. Seems to be subjective with the court rulings though unless a blatant violation. They don't put sentences together very well either ;-)
Lawyers could really have fun with this. LOL Seriously though, I doubt you could make a case for extortion on this. Gib
if this debt is still within the SOL, they might reply to validation with a summons, so make sure you have the money to pay the debt. Supposedly the judge will give you the chance to pay them before sticking a judgement on you.
yes, they sent the letter to my old address and it was forwarded to me. Dummies don't even have my current address. It's way out of SOL. Are you kidding me, I wouldn't dare accuse CA of extortion if the SOL hasn't expired. This CA is the lowest of its kind who buys accounts which are past SOL, tries to "extort" money from less educated consumers.
just validate them then..it will probably just disappear with no response from them once they see you know they have no ground to stand on.
OHHHHHH, wouldn't be Camco would it? Carry-on in that case, make them miserable, throw some RICO lines in as well. Sassy
I have in the past threatened to call the police on some CA's. Of course you don't have a legal leg to stand on. I do this when they refuse to validate and continue to demand payment. I put it to the CA like this... "Some bozo that I've never heard of starts calling me up demanding that I send them money. They use veiled threats of harm if I do not send them money. When I demand that they show their credentials and prove to me that owe them money, they get nasty and refuse. Sounds like extortion to me. Do it enough, it sounds like a criminal enterprise." So I ask the CA; "What makes you different than some thug trying to extract 'protection' money from me?" I add, "If you are legitimate, then you will be able to provide me proof of your claims, and proof of your right to my money, and proof of how the total was calculated." They don't like it when you put then in the same category as criminals. But, if they act like criminals, then I will treat them like one.
