blackmail?

What is the name of your state? Fl

i was ripped off by a mechanic a few months ago. I have been trying to collect from him but he keeps promising money but never delivers.

I notified the florida dept of consumer affairs auto mechaninc fraud section and they are "investigating" at this time.

I am getting the paperwork together to formally file a small claim.

In the process of all this i have discovered that this guy did not have a county Occ. license so i reported him to code enforcement and they are working with him to get him "legal".

I also think that he is not registered with the state under a DBA or corp or partnership, at least i cannot find this info online.

It seems to me he is likely operating outside the conforms of normal business...no occ license, no state registration, and im thinking he likley has not been paying taxes, although i have no proof. I see that on the IRS website you can report suspected fraud and thats what i plan on doing.

my question is this:

would it be illegal or unadvisable for me to send him a copy of the letter i will be sending to the IRS and let him know im a bit pissed that he continues to refuse to pay me back and if i do not receive the cash at the end of the day this letter goes out in the mail. Obviously if he is paying taxes he has nothing to worry about, but if he is as negligent in his tax paying as he is with his car repairs and his business formation then perhaps he will be a scared enough to pay up. I ask this because i truly think that this guy will be very difficult to collect from even with a small claim judgement. Id like to put as much pressure on him as possible within the bounds of the law. any opinion is appreciated.

would it be illegal or unadvisable for me to send him a copy of the letter i will be sending to the IRS

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It would be stupid.

krispenstpeter said:

It would be stupid.

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thanks that really helps......so insightful ..........jack***

would it be illegal or unadvisable for me to send him a copy of the letter i will be sending to the IRS and let him know im a bit pissed that he continues to refuse to pay me back and if i do not receive the cash at the end of the day this letter goes out in the mail.

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You asked a specific question and I gave you a specific answer.

Deal with it.

how about this...............why is it stupid?

Well, finally something Intelligent.

O.K. how about a specific threat? Ever hear the word Extortion? How about the words Slander and/or Defamation of Character?

You threaten to file a complaint based on no provable facts. That complaint, in the least, will cause him lost time and money. He sues you for slander, for filing a false complaint and for lost business.

Forget that he may not be able to prove his case, you are not thousands of dollars out of pocket because of legal fees. And oh yes, he will hire an attorney. And that attorney will go after everything you own.

THAT's why it's stupid. In fact, your whole course of action in even contacting the IRS could jeopardize your other causes of action. But, as I said before, do what you think is right.

I, personally, think you're acting a little ridiculous over a small amount that is already being handled.

First, you said it yourself, You don't know if he pays taxes or NOT. ( stupid = you would look bad in court stating that ).
Why you want to call people names ???

Go to court with that attitude and you will lose .....

Deal with the Legal Systems.

Go or call your County Clerk's or find out where businesses file D/B/A's you should be able to get a copy if they are " registered", for a dollar or two.

If DMV determines they have committed fraud ask for punitive damages in small claims.

thanks for the info

i agree that it may be extortion, although i have no idea of the legal definition, which i obviously would like to avoid , but slander and defamation of character?

the IRS asks on its website to report SUSPECTED tax fraud....i suspect tax fraud because he asked for cash and he does not seem to have gone thru the proper channels of setting up a legal business....no occ license and no registration....

this is all pretty academic at this point as i dont see that i would let him know if i did pursue the IRS angle, you can do it anonymously..... which would accomplish only making his life miserable which quite frankly i think he deserves

the jist of it is...is that collecting after a small claim judgement will not be easy based on his actions so far

I notified the florida dept of consumer affairs auto mechaninc fraud section and they are "investigating" at this time.
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They should forward your complaint to the appropriate Agency that handles these complaints.

Check with your States\'s DMV Office and see if the have a Complaint Form you can file with them.

If they do and they do an investigation, after the investigation you should be able to obtain a Copy of the findings under the Freedom Of Information Act.

You should be able to get much needed information from that.

If this Person does NOT have a registered Business NAME him/her personally in any Lawsuit .

Damn, you just don't know when to quit do you??
I was just getting ready to respond with the answer to all of your questions and a virtual guarantee of getting your money back...... then I saw your response to another writer on this forum

Accordingly, with the attitude you have expressed, I have decided to move on to more 'worthy' writers.
Have a hap-hap-happy day.

somehow, someway, i think i will survive without your valuable input

Oh brother.

mato_tom said:

somehow, someway, i think i will survive without your valuable input

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Glad to hear it.