Legal Question in Criminal Law in California

extortion by blackmail or not?

Hired a contractor who stated he was a licensed general contractor (he was not, only electrical). He brought in other ''licensed'' contractors (they were not licensed at all, the ''general'' stated they were) Have stopped paying him. I am familiar with Business and Professions Code relevant. He has stated that everything we have found out about him is true (I have it recorded). He has asked for mercy. We sent a demand letter that stated (a reduced-he is probably uncollectible, his father may bail him out) amount due and if not paid by date, we would: (1) file a lawsuit, (2) inform present outside employer (his and the other non-licensed workers) that they were representing themselves as correctly licensed contractors, and (3) would inform state contractors license board, and (4) would inform other local contractors he was misrepresenting himself as (he was XXX electrical, called himself XXX construction and XXX contracting legitimate local firms).

Are my written statements extortion? and/or extortion by blackmail? Can I retract the written statements with another apologetic letter, and restate only the financial aspects?


Asked on 9/24/07, 3:06 am

2 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: extortion by blackmail or not?

You haven't said whether or not you've been damaged as a result of his not being properly licensed, or his lying about being properly licensed. Has there been something wrong with the project? Have you lost money? This is critical to your case.

If you have been damaged by this person, and that damage can be attributed to his violation of the Contractor's license law, then you can offer to settle your dispute by sending a demand letter and suggesting that you'll file a complaint with the CSLB or in Court. Your demand must be reasonably related to the amount of damages you've suffered.

However - and I have a bad feeling that this is the case - if you have not been damaged and are now just trying to get money out of the guy, woe to you. This is certainly extortion, which can be charged as either a felony or a misdemeanor. Your mere act of sending the letter is all that is needed - the facts that he didn't actually pay or that you later retracted your demand will not absolve you of criminal liability. Additionally, you're recording of his statements is a crime unless you obtained prior consent from him to do so.

I suggest you make no further statements about his matter until you visit an attorney in person.

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Answered on 9/24/07, 3:35 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: extortion by blackmail or not?

I disagree slightly with attorney Meyer. The contractor defrauded you by claiming he was a licensed electrical contractor. (You should have verified his licensure status with the CSLB before hiring him.) You -have- been damaged, since you could be sued, say by some purchaser of your property, if the electrical work is later found to be substandard. Although I would have counted to 100 before sending this type of letter, there is nothing wrong with threatening a lawsuit, or threatening to inform the CSLB, since you have every right to do these things. Threatening to tell third parties is a little over-the-top. Maybe they will settle with you and the problem will go away -- if they do settle, see a lawyer for a release of all claims for both of you to sign. I would not attempt to retract anything at this point, to do this would be to call their attention to the fact that you think you may have erred by writing a potentially legally actionable letter.

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Answered on 9/24/07, 3:49 am


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