Legal Question in Civil Litigation in North Carolina

my son had an ex girlfriend whose mother accused him of vandalizing the daughters car. She said she would not file a police report accusing him if he signed over his car to the daughter. (I actually owned the car, and owed 10k on it) Becuase this was another in a string of trouble he was getting into, and because he had joined the service and was scheduled to leave town soon, I paid the car off and signed it over to her (the mother). Can I sue for blackmail for at least the 10k and more? This was 4 years ago


Asked on 9/10/12, 11:14 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Unfortunately, it is unlikely that you can sue. In North Carolina, the offer to not file a criminal complaint if the "suspect" pay restitution, in your case, the signing over of your car for your son...is not blackmail. Also, blackmail is a crime, not a civil wrong typically. So if blackmail occurs, then you can ask the police to arrest the offender, but a lawsuit to get money would hve to be under other grounds.

There is likely more to the story that could change this analysis, especially with the history of the parties.

Also, there is a legal premises called a Statute of Limitations. This means you have a limited time to bring a claim that you believe you have. In North Carolina, for the type of action you mentioned, it is likely 3 years. You need to speak to an attorney in your area if you are still interested in pursuing claims.

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Answered on 12/06/12, 11:45 am


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