Extortion/Blackmail

[drawho]

I am in California.
I sell product across the US out of my home.
A wholesale customer got mad at me because I dated the product in his store
to a retail customer who called me.
I have been friends with this wholesaler for 5 years, and paid for him to do video selling my product. In the video which was done in GA I noticed he shook and I think he has Parkinson's Disease. He has been making strange statements each one more threatening than the last. He thinks I maybe in violation of the city business code (maybe true it is a 80/20 call, with the 80% that they would not shut me down) and is demanding free goods for not reporting me. The first invoice was about $200 so I sent it out free hoping it would go away( it was for him personally). Now he does not want to be dealer and wants to return all of the store goods.
I told him send it COD ( he never sent it and I had the Bank Check ready) He threatened to turn me into the city if I did not send the Bank Check in advance.
So I sent it. I do not think I will receive my goods $1239.00 worth.
His son is a partner in the business and do not think he knows the whole story.
If the City shuts me down it would be a matter of a couple of years and my wife (who is collecting unemployment) and I might be homeless.
Questions:
1) Could I sue for Extortion/blackmail?
2) Could I make California the Venue
3) Damages now are small--damages in the future are large.

Drawho

 

[quincy]

If your business is operating in violation of a city business code, you are not exactly in a good position to bring suit against this man.

With what you claim you risk losing if the city closes your business, the costs for an attorney's service will be minor in comparison, and would be a wise investment.

I suggest you see an attorney now to handle the matter, before you communicate again with the wholesaler.

Good luck.

 

[drawho]

Does anyone have an answer to my two question.
Advice on the attorney is good and is the probable outcome.
Just want to know a little before I make that step.

 

[quincy]

Okay, I will expand on my answer.

Check your state and city business codes. If you are not 100% in compliance with them, become 100% in compliance (ie. get the proper licensing and permits).

Check out http://www.calgold.ca.gov/ and http://www.leginfo.ca.gov/calaw.html for more information.

Then, once you are in compliance with all regulations, you can honestly tell this guy you are not in violation of any codes. This effectively eliminates the power of his threats.

The next time he threatens to expose you and your business to the city or state, turn over any of his threatening communications to the police and file a complaint against him.

You can then sue this guy for the merchandise you purchased or sue him for return of the $1239.00. A California court may be found to have jurisdiction over the matter. The guy in Georgia may fight jurisdiction.

No one can predict what the outcome of any case will be. However, an attorney in your area can review all of the facts and give you an idea of what sort of case you have against this fellow. I suggest you contact one.

Good luck.

 

[drawho]

The best info I have found so far (I looked at one of your url's before and the other just now, no help either one) is:
http://www.codepublishing.com/ca/santaclara/frameless/index.pl?path=*****html/santcl18/santcl18100.html


It reminds me of when I tried to find a catagory for workman Comp Insurance. Impossible. See Home for Liberty Archery worlds smallest, lightest, and fast hunting bow. to see what I make.
I have a 1441 sq-ft shop but do the final assembly and shipping from home as I can watch TV and do some day trading. Average shipment is one 28x17x7 inch box every other day.


As far as I am concerned I am OK but I do not trust breaucrats. Only possible violation in the 25% of floor space, but so much of that is subjective.

Never had a problem with neighbors.
I think my best bet is to try to get more than phone conversations and then, I will just call the police.
Where are you from Quincy?
How much do you think this will cost through you.

I quess you would have to be local to help more.

 

[quincy]

You will need to locate an attorney in your area, drawho. This site can help you locate an attorney but cannot recommend attorneys. Click on the "Find an Attorney" (you will find it at the bottom of each post) or you can use the "Find an Attorney" box at the right or you can contact your state Bar. I suggest you "shop around" for an attorney who not only meets your legal needs but also your financial limits. Attorney fees can vary significantly.

The site you located is a good one for finding out what Santa Clara's requirements are for your business. As long as you have all the local and state permits and licenses necessary to operate your business, both in your shop and in your home, and you meet all zoning regulations, tax laws and code requirements, you should be okay. An attorney in Santa Clara can go over all of the requirements with you, to make sure you are in full compliance. If you are in compliance, then you do not need to worry about any threats from the Georgia man.

Do NOT record any telephone conversations between you and the man in Georgia without the Georgia man's consent to record. Although Georgia allows for recording with only one party consenting to the recording, you need BOTH parties to consent in order to record a telephone conversation legally in California. You do not want to violate any California recording laws.

You would do best to communicate with the man by mail or email, if you communicate with him at all, so that you have hard evidence of any threats.

If you receive more threats, via phone or mail, go to the police.

I am in Michigan, by the way. I imagine there are many hunters here in Michigan who would be interested in your smaller, lighter, faster hunting bows.

 

[drawho]

Quincy
I see you wen tto the website.
Are you a hunter? MI has great hunting.
Decided to let it go on the case--I would have to pay much more money that $1300 to get satisfaction--Also to much negative thinking is bad for a person.

I lived in Mn so I know what snow is like. I miss it here in CA
Took the Law entrance test at the University of Minnesota and failed by a big margin. I had a 3.96/4.0 in Electrical engineering. It is amazing how one can be so smart and dumb at the same time.

How is the economy where you are at? Do you think we are headed for a double dip in the market? The Elliot wave people think so.

Have a good day and join the Tea party
Drawho

 

[quincy]

Michigan does have great hunting. I, however, do not hunt. I have deer who visit my property on a regular basis and I could not look them in the eye if I hunted their brethren . I stick to fishing. I DO, however, shamelessly take advantage of the fruits (or venison, wild turkey, grouse) of my friends' hunting labors.

We are sort of "missing snow" in Michigan this year, as well. I believe everyone needs to travel to the east coast to see it in any appreciable amount.

As for the economy, Michigan has really suffered. Recovery is, and will be, slow.

I think you may be wise in your decision not to seek a legal solution to your problem. Often the costs involved in bringing a suit (especially one that has an out-of-state defendant) will not justify any recovery that can be realized. Lawsuits are always a balancing of costs vs benefits. I DO think you should report any threats you receive to the police, however. That is something you should not have to tolerate.

Good luck with your business, drawho.

 

[drawho]

Quincy,
This thing is still bothering me. I told this guy that I was once a drug dealer, which I was 25 years ago. This is all I said nothing more. He then told me that he was a sniper and a demolition expert in the army. This was all before my first email to you.
As I said I sent the certified check for $1239.00 and the two bows have not been received here yet(I am very sure they were not sent).

What if I email his store and tell him that I sold the bows and to not ship them back as they would be by to pick them up. (Not true just made up)

What effect do you think that would have. If he calls I will tell him to email or send a letter as I will not communicate anymore via phone.

Drawho

 

[xylene]

Is there some reason why you could not just rent a commercial / light manufacturing space from which to conduct your operation, at least until this blows over?

 

[quincy]

drawho, I do not see how the facts that you were once a drug dealer or this fellow was once a sniper fit into the issues you are facing currently (unless the "sniper/demolition expert" knowledge increases your fear of irritating this guy or there is a court order of some sort prohibiting you from owning or dealing in weapons).

I do not recommend you lie to this guy. If you want to send an email, send one inquiring as to the status of the delivery of the two bows. Say in the email that you sent a certified check to him for $1239 but have not yet received the bows. His response to your email might provide a legitimate explanation as to why you have not received them yet (perhaps a foul-up of some sort with the service used to send the bows) or might be used as evidence that he has no intention of sending the bows (this you can use in court, should you decide to sue the guy). If the reply email contains threats of any kind, turn it over to the police.

If you have caller-ID, you can choose not to answer the phone if he calls and, instead, wait for an email from him.

You may wish to speak with an attorney in your area, for a review of all of the facts of your situation and to see what legal avenues you can pursue against this guy, short of a lawsuit, to get the return of your money or the delivery of your purchased bows. What you say to your attorney, by the way, is "privileged" and the attorney is obligated to keep all communications with you confidential (with very few exceptions).

Perhaps a strongly worded letter from your attorney to this Georgia man is all it will take to resolve the matter.

Good luck.

 

[drawho]

xylene
I have 1440 sq ft shop, all I do out of my condo in final assembly and ship.
I use about 25% of the floor space and that is the limit allowed by law.
It is more fun to be at home with my wife and cat. Also TV and internet.
I believe I am in compliance. I just was worried I missed something.

I have all licences, all paid up to date.

It is just that I can not get this out of my mind--I do not loose sleep but my mind goes to it all the time. I have been running more to help. I know I should let it go--I guess-hope- time will heal.

drawho

 

[drawho]

I felt that he would assume two Mexicans from south of the border would visit him and his sons store and he might ship the bows to avoid confrontation.

Maybe not a good idea. Seemed good awhile ago.

 

[quincy]

Not a good idea. Keep everything honest on your end.