Okay, so this person owes me a thousand dollars because they wrote me an NSF check. Kept telling me that he'd pay me back but he hasn't. He eventually stopped answering my calls, so I had to contact his parents to try and get a hold of them. Keep in mind when I contacted his parents, I only informed them of the situation and asked them to try and get in contact with him. This morning I get a message on my voice mail that says: "If you call my parents again, I'm going to get my boys from ___ (another city) and kick your butt".
Can I use this against him as a threat charge or whatever? I'm already placing a civil suit against him for writing NSF checks and putting my bank account to negative.
Please help! Thanks.
2006-06-18 15:54:45 · 25 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
yeah, you can use it to show you tried other ways to collect before filing the suit, and his violent ways, thus if something happens to you, its on file in records at the courthouse that he has threatened you, you might be able to ad harrassment to your suit cause of the threat.
2006-06-18 15:58:47 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Not likely. It depends on the laws of your state. In some states a
'threat' is just that a threat. Unless it results in actions by the other party. The other person could say ,"well I didn't mean it, it was a joke." Keep the recording. Your best avenue for redress is a small claims court. Check with them as to what amount is
covered by their jurisdiction.
If threats continue, make a police report, especially if they are sufficient to cause you to fear for your life.
Keep on your guard, travel in pairs until this blows over. Do not make any more calls to them, keep any letters you receive. Do not send them anything! Courts do the sending.
Do not be intimidated! You were in the right. You might want to talk to your local city or district attorney. A thousand dollars, plus
a bad check is more than likely a felony. What you have done so far is enough.
All the best! Keep us informed.
2006-06-18 23:13:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I believe you have two seperate complaints here. First of be very carefull per the fair credit reporting act it is against the law for you to speak to someone else regarding the dept. All you can really ask is for the person or a number or way to contact that person. This does not mean you cant collect definetely check with your local district attorney alot of countys have a bad check restitution program whereas the DA will prosecute and collect this ammount for you, they will also do all the calling etc needed to get your money back. Definetly file a police report this way if the situation worsens you have a paper trail on when the harrasment or threats began.
2006-06-19 11:58:08 · answer #3 · answered by Tony L 1 · 0⤊ 0⤋
Save the message as evidence of a threat. It is definitely evidence. As for the money he owes you, do you have something written down or a witness that was there when either you lent him the money or spoke to him about repaying it? A witness that has no emotional bonds with you or animosity towards him would be the best.
2006-06-19 08:10:35 · answer #4 · answered by FaerieWhings 7 · 0⤊ 0⤋
Contact the Attorney Generals Office writing a check for money you don't have is a felony. That's about all you can do unless he actually does do some damage to you. The Cival suite is going to demand that he pay you back but he will not do time for it.
2006-06-18 23:02:06 · answer #5 · answered by Anne M 4 · 0⤊ 0⤋
You can file a crimminal complaint for the NSF check. It's a crime. You can also file a civil suit for it.
You can also file a crimminal complaint for threats. It's not a civil matter really.
You should not make any further contact with his parents.
2006-06-18 23:25:39 · answer #6 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Forget the civil suit; civil courts have no real teeth. A thousand bucks is enough to involve the DA. Just give him everything, including the phone recording, and let the chips fall where they may.
2006-06-18 23:02:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You should contact your local prosecutor's office to see if they would be willing to file criminal charges against this person for writing bad checks. They can do this even though you have a civil suit against them.
That would definitely get the person's attention. Make sure you mention the threats to the prosecutor.
2006-06-18 23:00:22 · answer #8 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Yes, if you keep your voice mail & transfer to tape, it will make your case stronger. It is called communicating a threat. It has to be a threat that any reasonable person would believe that they were in danger & that is was going to be carried out. It is a criminal offense. You can go to the webpage & see the criminal summons, well at least in NC you can.
2006-06-18 23:02:03 · answer #9 · answered by Wolfpacker 6 · 0⤊ 0⤋
Yes you can. No one can threaten anyone. Take the tape to court but make sure that you do not contact him again. If you do then it will show that you didnt take it seriously enough. You can say in court you stopped trying to get your money because of the threat.
2006-06-18 22:59:58 · answer #10 · answered by lvb524 3 · 0⤊ 0⤋
Wow man, of course you can use that as an evidence in a lawsuit. But please, don't erase that message from your voice mail machine.
Go straight to your lawyer and show it (the voice mail) to him/her. You could get your money back and even a bit more. It depends on the terms of the lawsuit.
Good luck with that man.
2006-06-18 23:01:17 · answer #11 · answered by Anonymous · 0⤊ 0⤋