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Man threatens to make me felon for alleged theft. Totally planted.

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Pro per

Junior Member
What is the name of your state? Dallas, TX

Well. About 6 months ago I (let's call me A) was a good friend of B and his daughter C. That family liked me.
Well, B and C insisted on getting a gift for me - cellphone with 1 year contract. I refused few times to accept it but they insisted. So B paid for it, signed the Agreement in his name with cellphone company and handed the "Gift" to me. I asked C to put down terms of the gift inter vivo (I felt that relations are going down). Neither they let me to write a promissory note, at least, to return it in year. C laughed since they thought its allright. Well, of course I used the phone-I had it, but talked seldom. They never asked me to pay monthly fees and charges - so everybody understood that was a gift. After every month I asked them to return it, because I barely used it

Somehow in June, relations with B and C went wrong. B wanted and still wants me to be sexual friend of his daughter C. I didn't want that. I still had that cellphone and I moved to Detroit, MI for Summer Institute. I didn't keep in touch with B, but C called me occasionally. Neither B, nor C were telling me that I am going start to pay.

Since it was registered for TX, all calls there were charged as long distance.

Anyway. In the end of July I received angry e-mail from B with abusive language that I am a bad boy - The only purpose of the cellphone I was "bestowed" upon - is to keep in touch with B, and his loved daughter C.

B told me immediately to come to TX and the cellphone back and to pay the July bill ($120). If no, he would call the police and file the Theft against me. He emphasized (with big pleasure, by the way) that theft over $50 is felony in the state of Texas. Moreover, as the reason for that fury, he stated THAT HE WOULD LIKE ME TOO SEE IN JAIL BECAUSE HE WANTS ME TO FEEL THE WAY HIS DAUGHTER FELT WHEN SHE WAS IN JAIL (she was there for 2 days, Stop and Frisk was illegal to her, so charges against her were dropped ).
He noted that he had already talked to few cops - friends of his.

Sure these threats make my life bitter and unfortunate, at least, for a while.

I did not reply on that e-mail - I prefer to cool off than to answer to hateful allegations.
One week ago I finally came back to Dallas. The first thing I did was to return that goddamn cellphone.
Anyway, B now also wants money for August bills. Money is not that big deal.

But of course I am hurt. Almost everybody of the readers of this Forum sure dislike this type of supposed gifts to be something else.

What should I do? The question is not money. What proof can B have against me? Now he has the cellphone, but I am to pay bills - is there is still theft?Should I pay first? Are those e-mails are my proof of Duress or Extortion?

Looks like all of this was premeditated (from the act of "Gifting" B knew that he could ask for money, or do whatever he wants to my life in case the pattern of my life is not approved by him). Yet since Neither B nor C cited that one day I would have to pay for bill - was there implied consent of them not to expect money from me ever?
Does all of this angry stuff constitute entrapment to control my life and to make me suffer one of a sudden?

Thank you all. Situation is really hot.
 


pojo2

Senior Member
You think everyone here will not see through this?

Bet your credit is shot to heck and you could not get a cell without a huge deposit and these people were nice enough to get you one in their name.

Drop the "gift" crap and pay YOUR bill!
 

Pro per

Junior Member
pojo2 said:
You think everyone here will not see through this?

Bet your credit is shot to heck and you could not get a cell without a huge deposit and these people were nice enough to get you one in their name.

Drop the "gift" crap and pay YOUR bill!
See what through what?
The only thing most people see is similar case when ex-spouse or ex-lover starts to take back all he/she gave to you as a gift, as sign of love....and question of taking it back becomes for them kind of sports, selfsatisfaction, vengeance or whatever.

Yes, I duplicated the question since I was not sure whether to put it here or there...

Dear Pojo2. The question is not the money. I had great credit already 2 years ago. I have car, and nice motorboat.

this circa-$200 - that amount I am going to easily give. The question is: You can ask even for greater amounts of money by being nice (even friendship per se is gone),but not by jeopardizing, threatening , distressing happy life of other people.

Cellphone was "Enforced" gift. Their crap, not mine.

What I ask is if I pay, how can I bring him to court for extorting money without legal authority to do so.

He could put my name as a co-signer on that cellphone company agreement. It must be taken as his ignoring of my proposal to carry my own legal responsibility.
 

Just Blue

Senior Member
Pro per said:
See what through what?
The only thing most people see is similar case when ex-spouse or ex-lover starts to take back all he/she gave to you as a gift, as sign of love....and question of taking it back becomes for them kind of sports, selfsatisfaction, vengeance or whatever.

Yes, I duplicated the question since I was not sure whether to put it here or there...

Dear Pojo2. The question is not the money. I had great credit already 2 years ago. I have car, and nice motorboat.

this circa-$200 - that amount I am going to easily give. The question is: You can ask even for greater amounts of money by being nice (even friendship per se is gone),but not by jeopardizing, threatening , distressing happy life of other people.

Cellphone was "Enforced" gift. Their crap, not mine.

What I ask is if I pay, how can I bring him to court for extorting money without legal authority to do so.

He could put my name as a co-signer on that cellphone company agreement. It must be taken as his ignoring of my proposal to carry my own legal responsibility.

What is an "enforced gift"? Did this guy put a gun to your head and say ..."Hey sonnyboy ..if you don't take this phone and use it i'm gonna shoot you"...was it like that?

Oh, by the way, no one ever has the "legal authority" to extort......

"It must be taken as his ignoring of my proposal to carry my own legal responsibility"
Please ...tell me...What does this mean?....I've been reading and rereading this line and just can't figure out was the heck it means...it's giving me a headache!
 

Pro per

Junior Member
baystategirl said:
What is an "enforced gift"?
Ok, take it easy. The words are just words. better phrase would be "imposed" gift. Almost everyone has faced this or that type of such a gift:
For example, When you date somebody - sometimes you would not want something that your boy/girlfriend wanna give to you (you can buy it yourself, or you just don't really like something, or you even didn't request anything) but the direct rejection would make your partner sad or would impair his self-status. And this is nothing else but hidden undue influence.

Anyway. What I am gonna do is to pay that man through certified check.

Since limitation for this type of case would be a year from "Harm day", I would ask her daughter to be a witness; together with e-mails citing cruel intentions of that man and the copy of check paid to him,I hope, it would constitute real prevailing burden of proof. During the year there would be plenty of opportunities to file a complaint in county court.

thank you all
 

CdwJava

Senior Member
Sounds like a civil matter to me. I don't know that a crime can be adequately proven given this limited interpretation of the facts. (In other words, the other side of the story might make it look like theft.)

They have the phone. Let them take you to small claims court for the bill.



- Carl
 

Pro per

Junior Member
stephenk said:
"B wanted and still wants me to be sexual friend of his daughter C."

Sure Romeo.
Well after all of this going on the more appropriate name for me would be PooRomeo.

Thank you
 

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