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Small Claims judgement help

Discussion in 'Small Claims & Municipal Court' started by KyleW, Sep 1, 2016.

  1. KyleW

    KyleW Law Topic Starter Member

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    She sent him a text on Tuesday and I told her if she doesn't hear from him by Monday to text him again. They have till the 30th to make the swap
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Use "letters" sent by "mail" with tracking and a delivery confirmation (not return receipt).

    The judge isn't going to sit there looking at her cell phone and I don't think she will be willing to leave the cell phone for the court to keep as evidence. And a printout of a text isn't evidence of anything.
     
  3. KyleW

    KyleW Law Topic Starter Member

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    Yep, so this still isn't over as of yet and a few things have come up just recently which brings a few questions in on a limited time constraint.

    My mother is going to appear in court tomorrow because the judge ordered him to give the stuff back this past Saturday and some of the items she didn't get, were damaged on purpose, or he made the ol' switcheroo which we didn't find out till the other day.

    A little background: after the last court appearance he served her again with some bunk allegations to try and swindle money out of her again which we are not worried about because one claim he brought up in the first case and the judge dismissed because they were playing house and the other my mom has proof that she paid him back for a floated check 1-2 days after it was written. But thanks to the laws of the land, I don't believe there is anything we can do to stop him from filing frivolous lawsuits. Unless there is some statute that I haven't been able to find and I don't think these small claims judges really have time for perjury in their courtrooms.

    But what he has done now is, he called a mutual friend of theirs and told her to "tell your friend that she better show up in court with my grandmother's ring because I have enough evidence to show that her and her daughters have been doing fraud".

    He is referring to my sisters taking money of my now deceased step-father (their father) and putting it into the estate for probate at the discretion of their probate attorney because she gets paid based on estate value. And about my mother, she is on full disability from the state and he has pictures of her standing around (her legs are not what's disabled besides her broken ankle) watching her friend help move some stuff in and out of a trailer.

    I have been trying to do some research and to me, regardless of the allegations, doesn't this constitute as "blackmail/extortion" since he is requesting property in exchange for not bringing up or file a complaint with authorities?

    We just want this drama to end and are trying to do everything in our legal power to do so. Beside she can't come to court tomorrow in the am with a ring she doesn't have that he must have lost or whatever he did with it so no matter what, it's a loss to her.

    Any help is much appreciated and thank you
     
  4. army judge

    army judge Super Moderator

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    Lawsuits don't end because one party wants them to end.
    You get sued, you defend, otherwise you risk the plaintiff receiving a default judgment.
     
  5. KyleW

    KyleW Law Topic Starter Member

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    Thats what I figured about the never ending lawsuits. But is there anything that we can do about his threats?
     
  6. army judge

    army judge Super Moderator

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    Yes, do what I always do, IGNORE her/him/it/them.......
     
  7. adjusterjack

    adjusterjack Super Moderator

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    I agree. Ignore them.

    A defense to extortion can often be that the person believes that his threat is designed to recover what is rightfully his.

    However, in this case I don't think it will ever get that far because the authorities will look at the background of all this, tell you it's a civil matter, and close the book on it.
     
  8. KyleW

    KyleW Law Topic Starter Member

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    I have been trying to read up on everything because we want to do whatever the law allows us to do to stop all this nonsense. The ring, yes, a civil matter which will hopefully be resolved by tomorrow in what is again, hopefully the last court hearing. But he is threatening to bring up criminal cases against my mother and my two sisters for what he claims to be fraud.

    Everything I have read has basically been the same which is something like this:
    California Extortion Law - Guides - Avvo

    And here he is using fear to obtain property by like I said, threatening to try to file criminal charges.

    Thanks,
    Kyle
     
  9. army judge

    army judge Super Moderator

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    People get charged with things, at trial they are acquitted.

    I can't tell you how many threats I've received over my lifetime.
    I don't respond to threats.
    I do respond and defend vigorously all legal actions brough against me.
    That's all you can do.
    Stop yammering about this and that, and defend yourselves if you are sued, or charged with crimes.

    Guilty or innocent, remain silent, defend yourself in court.

    Stop communicating with the other party.
    As you can see, such communications solve nothing.

    I do my yammering in the court room.
     
    KyleW likes this.

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