Legal Question in Civil Litigation in California
blackmail
I loaned my former boyfriend $25,000 over the course of 8 months (8/06-3/07). He dumped me in Sept when I wouldn't loan him anymore. There is a promissory note stipulating he'll pay me back when his mother dies and he receives his inheritance. (She's 92 now).
I want to collect now. This arrangement was set up this way assuming we'd be together. He left me a phone message threatening to harm me and leave me broke if I tried to collect (using legal means) now. We had a tumultuous relationship at times and I once threw a shoe at his wall, dropped him off at a park when he was giving me the silent treatment, and told some of our friends about the loan since he told me that I'd be crazy not to lend him the money-- he was convinced that he was doing ME a favor-- told me I could charge any interest I wanted to and that I'd be very rich some day because his mother has lots of money (true). I could care less about his mother's money, but I want what's due me. He wants NO contact with me, I found out 3 weeks ago. Since then I have not contacted him. He called the police in the past and claims I have a record, but he is bluffing. He has stored up any problems we've had and I know will try to use them against me. What can I do
1 Answer from Attorneys
Re: blackmail
Sue him for the money now since he has told you that he will not fulfill the note when it becomes due. None of the things you did to him are really relevant and probably can be kept out of the case [I doubt his male ego will let him claim that you frightened him into agreeing to the loans and repayment agreement].
Get a restraining order against him so that he can not come near you. How can he hurt you economically aside making you pay for an attorney to represent you? how can he use what happened before between you to hurt yo now? If you really believed that, then you would give up the $25,000.