Your friend is correct. This behavior is against the ethic rules of the armed forces. You are also correct in stating that his threat to turn you in to the FBI for extortion is laughable. You are not extorting him, you are attempting to collect a legally enforceable debt. I would recommend that you go ahead and send the contract and all correspondence to his superior, along with your records of payment(s) he has made to you. That should take care of the situation. If it does not (although the service won't tolerate unethical behavior or not paying bills, etc., if there is any question about the situation, i.e. he claims you didn't do something you were required to do under the contract or he has some other supposed legal defense) then sue him. If you get a judgment do the same thing, send it to his superior. At that point he will have no choice but to pay and they will make him do so. I have had very good luck using this with military persons not paying rent to my tenants. However, since I don't know your entire situation, I don't know if he has any possible defenses that might cause the military to stay uninvolved at this point.
You are very welcome. If you have any follow up questions just let me know!
He has badly besmirched my name to his superiors the first time this happened. His superiors told me I need to stop threatening harm to him. I've never done any such thing. It's a substantial sum of money so it's not hard to believe someone would threaten him in my situation, however, I have not done so.
He lives in OK and I'm in CA. OK is a one party consent state as it pertains to recording phone calls so I've been recording our calls for months and have him on tape saying he owes me the money and is going to pay me. Do you recommend I attach the phone calls to his superiors when I send them our correspondence?
I understand. That was my concern in stating that sometimes, the military might not want to be involved. Since he has slandered you to them, my advice would be that when you send the documents, also send a detailed explanation of the situation including all contact you have had - so that they understand you have been reasonable and he has not. And YES if you have recorded telephone calls that would be excellent to include them (or even a typed transcript of them, which might be easier for them, and then tell them that you have the original recordings to back up the transcripts if they wish to hear them you will send them).
Also in your communications state specifically that your requests have been reasonable and you have never threatened him.
Perfect! Thank you again
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).