Legal Question in Criminal Law in California

I have this situation where I've lost someone's bike due to someone stealing it and its my fault but the person who I'm talking to for this situation demands me to pay him a thousand dollar which the bike isn't anywhere close to that price. The person I'm talking to right now doesn't own the bike, in fact his uncle owns the bike but he refuses to allow me to contact him in any way and still demands that I pay a thousand when the bike only costs about two hundred dollars. Is this some sort of extortion? Everyone kept telling me I'm being extorted from the bike and that i shouldn't pay but as of right now I'm really confused about what should I do since it is my fault that I lost the bike in the first place but he's asking far more than the bike actual cost and refuse to put me through the owner of the bike. I need help please.


Asked on 12/26/12, 2:56 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You posted this question under criminal law, but nobody seems to be accusing you of a crime. It's a civil case.

You borrowed the bike, so you're responsible for returning it. You can't do that anymore due to the theft, so you have to pay for it instead. That means you have to pay what it was worth when you got it. If it was worth $200 new and you want to pay to buy a new replacement then that's wonderful, but the law only requires you to pay what it was worth used. You only have to pay $1,000 if that was the fair value of the bicycle when you borrowed it.

Are you being extorted? Only if the person you're dealing with has threatened you in some way. Your question does not say you have been threatened, so I don't see any ground for claiming extortion.

If you know who the owner is you can contact him directly. If you must keep dealing with the other person instead, you should send him a certified letter documenting all of this and explaining what you are willing to do to make things right.

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Answered on 12/26/12, 10:53 am


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