Legal Question in Criminal Law in California

i remodeled a ladies bathroom and she is refusing to pay me.she wouldn't talk to me so i wrote her a letter.she is the owner of a bar in the town where i live.she is doing several illegal things at the bar to avoid paying taxes and so she doesn't have to pay the high prices for alcohol from a distributor.in the letter i wrote to her, i told her that if she does not pay me for the work that i have done for her that i would call the alchohol board let them know what she is doing.she told me that she had talked to an attorney and he told her that the letter was extorsion.is that true even though she owes me the money?


Asked on 11/10/09, 7:50 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Yes, it is extortion... and the letter you wrote could be used as evidence against you.

Penal Code 518 defines extortion as obtaining property from another person by wrongful use fear or force. The fear element, defined in Penal Code 519, includes threatening to accuse someone else of a crime or something else to embarrass them, or to reveal their secrets.

It is extortion even if she owed you money, or if she was really breaking the law.

I'm willing to bet you aren't a licensed contractor; otherwise, you could just have sued her in small claims court. If you're contracting without a license, add another potential crime to the list of possible charges against you.

It sounds like you need to cut your losses, let this go, and hope she doesn't call the police. If you are contacted by police, tell them you won't answer any questions until you have an attorney present.

Read more
Answered on 11/15/09, 10:18 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Yes, it is extortion. Loosely defined, extortion is obtaining something of value from another person by means of fear or force. Whether you have a legitimate claim to the money or other property you are trying to obtain doesn't matter.

Read more
Answered on 11/17/09, 8:42 pm


Related Questions & Answers

More Criminal Law questions and answers in California