Legal Question in Civil Litigation in New York
Subject
I am owed commission from a real estate broker. I am writing his attorney demanding payment. I want to say the NYS Dept of State has various statutes and regulations designed to protect the public from untrustworthy or incompetent persons or businesses.And furthermore penalties can be assessed up to four times the commission received.
I go on to say that ''I would prefer to settle this as swiftly and quietly as possible. I am prepared however to use all methods available under the law to protect my rights.''
Is this an illegal threat?
2 Answers from Attorneys
Re: Subject
No. While I don't understand the relationship between yourself and the broker, what you have in quotations is eminently reasonable.
Re: Subject
No, this is not an illegal threat. You should see some of the 'informational' statements made by collection agencies!
As long as you reasonably believe you are owed the money, then threatening report to a monitoring agency or recourse to the law is not extortion.
A debt of 1-5,000 is best pursued through small claims. 5-25,000 is best pursued through NY Civil Court. Over 25,000 requires the Supreme Court.
The least formal pleadings (the least paperwork) is required by the small claims court.
My fee to draft your summons, complaint, and judgment (motion or clerk) would be $250.
You are welcome to a consultation for no fee.
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