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LegalGround >> Is this extortion?

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7/21/11 4:44 PM
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Laval Luc
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Someone threatened to post on facebook a picture of a judgement that was rewarded to him against me, as a means to embarass me (as we have many common friends)and to pressure me into paying him.

Is this legal? Futhermore, based on my research, this seems to be extotion. A legal opinion would be appreciated.

I am in Canada if that matters.
7/23/11 11:29 PM
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jbapk
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Extortion is using illegal means to obtain money, usually the threat of force. Posting the terms of judgement they're entitles to doesn't seem likely to rise to that. Especially if the judgement is a public record

You should check to see if the terms of the judgement require it to be secret, otherwise there's not much here.
7/24/11 10:22 AM
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Laval Luc
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Spoke to a top criminal lawyer here who informed me that this was indeed "extortion by intimidation".
8/7/11 8:56 AM
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kidpresentable
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jbapk - Extortion is using illegal means to obtain money, usually the threat of force. Posting the terms of judgement they're entitles to doesn't seem likely to rise to that. Especially if the judgement is a public record

You should check to see if the terms of the judgement require it to be secret, otherwise there's not much here.

Extortion need not nec. involve force or otherwise illegal activity.  For example, threatening to call the police, even if you have a valid reason to call the police, unless someone pays you is extortion.  
 
8/9/11 7:50 PM
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pm1964
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Edited: 08/09/11 7:51 PM
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I have never heard of a monetary judgment that isn't a public document. I cannot see any way that posting it on a website is extortion.
8/23/11 2:52 AM
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HaMMerHouseFAN
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Doesn't seem like extortion to me. Maybe you are thinking libel? It wouldn't seem that way because if it's true or a public record, there probably isn't anything wrong with doing it.

8/23/11 10:43 AM
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Machine May 2.0
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pm1964 - I have never heard of a monetary judgment that isn't a public document. I cannot see any way that posting it on a website is extortion.
Just posting the document is fine, threatening to post the document in an attempt to force his hand... that *seems* like extortion. But I don't know nothing.

Should probably just settle up and be done with it.
9/1/11 1:42 PM
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Cookie Monster
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pm1964 - I have never heard of a monetary judgment that isn't a public document. I cannot see any way that posting it on a website is extortion.


This.

Granted its shitty and lowball, but doesn't look like extortion to me.
9/26/11 2:50 PM
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Fake Pie
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kidpresentable - 
jbapk - Extortion is using illegal means to obtain money, usually the threat of force. Posting the terms of judgement they're entitles to doesn't seem likely to rise to that. Especially if the judgement is a public record

You should check to see if the terms of the judgement require it to be secret, otherwise there's not much here.

Extortion need not nec. involve force or otherwise illegal activity.  For example, threatening to call the police, even if you have a valid reason to call the police, unless someone pays you is extortion.  
 


This is correct. Even if you can totally legally do it, if you threaten to do it unless someone does X, it can definitely be extortion. I'll post a typical statute.
9/26/11 2:56 PM
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Fake Pie
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 § 135.60.  Coercion in the second degree

   A person is guilty of coercion in the second degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will:

1. Cause physical injury to a person; or

2. Cause damage to property; or

3. Engage in other conduct constituting a crime; or

4. Accuse some person of a crime or cause criminal charges to be instituted against him or her; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or

7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

8. Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
 
Coercion in the second degree is a class A misdemeanor.
9/26/11 2:58 PM
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Fake Pie
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Two more things:

1) No clue about Canada.

2) If he is going to post it to compel you to pay what you are legally obligated to pay, then it isn't extortion/coercion.

Just posted the above to make it clear that the threat doesn't have to be to do something illegal. However, you do have to be forced into doing something you don't legally have to do. If you have a judgment, he is only forcing you to do what you already legally have to do. The court is coercing you, not him, and it is legal (in the US it would be anyhow).
9/26/11 2:59 PM
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Fake Pie
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Laval Luc - Spoke to a top criminal lawyer here who informed me that this was indeed "extortion by intimidation".


Canada is different in a lot of ways. Glad you talked to a local lawyer.

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