For Lawyers And Law Enthusiasts

[Floogeldy]

A colleague of mine received a demand letter mailed to one of his clients. It ended with, "If you do not comply with our demand . . . we will refer charges to the District Attorney . . . ."

How about that?

B-)

[MADem]

1. What demand was made? Payment on a bill? nt

[Floogeldy]

2. Good question

I'll find out.

[eaglenetsupport]

3. Is there any info available

any details AT ALL?

[Gothmog]

4. Unethical to threathen criminal prosecution

I need more information. Normally, it is unethical to threathen criminal action to force someone to comply with a civil demand.

[nothingshocksmeanymore]

5. If it's for collection of a bounced check, that phrase would be acceptable

in most jurisdictions. It was poorly worded, but it wouldn't be tantamount to extortion.

[Floogeldy]

6. It is alleged embezzlement by employee

Employer wants some money back. Employee thinks certain monies he kept were part of his compensation.

Blackmail? What do you think?

[Cleita]

7. District Attorney?

In collecting an unpaid debt usually it's more common to threaten to turn the debt to a collection agency, which could involve legal action like garnishment of wages and such. Or, you could threaten Small Claims court or other such venue.

But it seems the DA would only be concerned about criminal activities, in which case they should be reported to the proper police agency for investigation.

[Floogeldy]

8. Well, there you have it!

B-)