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No, THEY are the criminals--REPORT THEM!!!!
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Posted by begoodorelse (172.130.243.253) on October 16, 2003 at 14:20:37:
In Reply to: Re: Creditor harrassment after bankruptcy was dismissed posted by Anon - original poster on October 16, 2003 at 01:03:09:
What they did IS A CRIME IN FLORIDA--
"836.05 [Florida Statutes] Threats; extortion.--Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." GO IMMEDIATELY TO YOUR POLICE OR SHERIFF DEPARTMENT AND REPORT THIS. Also it's federal wire fraud and Hobbs Act extortion, although the FBI has far bigger fish to fry, but report them anyway; you never know if an agent is having a slow day. Even if you have a tape, your sworn testimony and that of your family, and phone records showing they called you then, will be PLENTY to obtain a conviction and MORE THAN ENOUGH to win a civil suit. The jury is quite free to choose your and your family's testimony instead of those turds. If they are being criminally prosecuted and have invoked the Fifth Amendment, then anything they DON'T say CAN AND WILL BE USED against them in a court of CIVIL law--the court can infer from their silence that they're CIVILLY liable. Whether the police and State Attorney in your place (if you're in Broward County, Mike Satz is a law-n-order kinda guy) will really want to push it, I don't know, but TRY. These subhuman lowlifes will keep on doing it to other people until somebody makes them stop. And oh, by the way, SUE THE LIVING FECES OUT OF THEM!!!!! Since they didn't obtain any money from anyone (or did they?), you won't be able to go after them for civil extortion and fraud, but you can cream them for invasion of privacy and defamation on top of FDCPA and Florida state violations. I'm a Florida lawyer too and this is the kind of case that gets me all happy inside, but I'm located in Raleigh NC so it would probably be prohibitively expensive for you to hire lil' ol me. Scott knows this business and I'm sure the person he recommended will do you right, but if for some reason you need another name, email me chrisatty@hotmail.com and I'll give you a few names I know down there. Now, GO GET EM!!!!!!
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