Letter of intent to take criminal action allowed? In exchange for settlement?

[Unreal03]

Sorry i posted in another spot but not sure where it belongs

Hi, a company im suing in small claims has done various criminal crimes. Am i allowed to tell them i will press charges in court OR we can make a settlement agreement to avoid the civil and criminal courts?


A dealership screwed me over. Im 95% sure that i will win my case given my documents and i think they know that to....

I dont know if this is blackmail, but im saying i will press charges and sue for maximum unless they settle our of court. Legal? Illegal?

 

[wisemans_voyage]

It is not black mail nor extortion to assert your legal rights. If you have been damaged, you have a right to litigate for compensation as a result. You also have the right to negotiate a settlement prior to litigation.

By sending a demand letter seeking compensation and laying out the ingredients that reflect their wrongdoings and possible consequences, you are simply trying to save them a big headache by trying to avoid litigation.

Your demand letter better be well written and to the point. Also, you better be sure you can back up your allegations or it could blow up in your face if you should proceed to litigation against this company.

 

[Unreal03]

Thanks i'll let you know how it goes in court. I'll write the letter 2nite! any references?

 

[Proserpina]

You do understand that you cannot press charges, OP, correct?

And seriously - I'd word that letter EXTREMELY carefully.

 

[Unreal03]

I was told by the DMV investigations Unit that it would soley up to me to press charges and if i did , i would need to be a witness when they are tried in criminal court. To be honest, I rather just get the money owed to me than go through the courts. Even if i win my case in small claims its hard to collect payment. ( Since they are a dealership i dont know if a writ of execution would be allowed)

 

[Proserpina]

Only the DA can press charges.

You can make a criminal (or civil) complaint, but ultimately the decision is - very generally speaking - no longer yours after that point.

 

[irish223]

Moving responses from other thread.

July 17 @ 7:36pm (central time)

Legal or not, who cares?

If your case is solid, litigate the merits.

You don't need to dirty the water with allegations, accusations, or issues that have no relevance to the matter that brings you before the bar.

As Detective Joe Friday was often heard to say, "The facts, madam, just the facts!"

 

[irish223]

Moving responses from other thread:

July 17 @ 10:28pm (central time)

Well, the whole point is not to go to court and settle outside of court. I have overwhelming evidence but these people are so dumb, i dont think they realize whats in store for them..

So i could legally tell them to settle or i preess charges criminally and civilly, correct?

My main concern is settling because even if they are convicted, it will be hard to get the money.

 

[irish223]

Moving responses from other thread:

July 18 @ 4:02am (central time)

You have no say over a criminal prosecution. If the allegations are being pursued, then it will be up to the police and the DA as to whether charges will be pursued.

If you are essentially saying, "Give me money or I will report your crimes to the police," be prepared to hire a criminal defense attorney as that can be considered extortion in CA per PC 518.

Best to just pursue your civil action through the use of an attorney and let the police/DMV Investigators do whatever they are doing.

 

[Unreal03]

Okay, i guess i will just wait until court. btw, can i file a writ of execution if i win against their property? They are a dealership, so how would that work out?