Legal Question in Criminal Law in Florida

My ex-fiance and I split in July of 2008. At the time of the split, we made an agreement that I would pay back $5,000 for a gift he had made to me during our relationship. This agreement was witnessed by my parents.

I made 5 payments of $1,000 each from August through December (one per month). One check was returned as uncollected funds due to an unusual hold placed by my bank, and I replaced the check immediately with a cashier's check. My bank has records of these payments.

Two weeks ago, my ex surfaced again threatening to have me arrested on a felony bad check charge (the one returned as Uncollected Funds and which I immediately replaced with a cashier's check) unless I agreed to pay him $14,350. He also claimed that I had only paid him $2000 and was going to sue me for the entirety of the gift ($20,000) unless I paid him the $14k.

My sister was privy to all this. He sent me the agreement which he wanted me to sign (by email) to me and my sister and demanded $3,000 up front or he would go to the cops. As I was arrested (for the first time ever) for a DUI in June, I was feeling especially vulnerable and was terrified of being arrested again, so the last two weeks have been living hell, because I agreed to avoid being arrested. Well, the bank called me today with all the records proving I had honored the witnessed agreement and that the check in question was indeed replaced immediately.

Do I have a case for extortion? I have a conference call set up with my lawyer on Tuesday to discuss this, but would like to know before I talk to her whether or not I should consider pressing charges.

Thank you!


Asked on 10/02/09, 3:58 pm

1 Answer from Attorneys

Don Waggoner Don Waggoner Law, P.A.

You need to bring all this up to your lawyer, not to a group of lawyers. Ask him/her what to do. That is what you are paying for.

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Answered on 10/02/09, 4:26 pm


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