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Hello. I will respond to your question.
do you need additional information? I was typing 90 miles a minute because I just received this threatening email.
You certainly have the right to file suit to recover your money. Your claim would not be frivolous. You would have a claim against both the attorney and the CPA. As an alternative, you could report the attorney to the greivance commission, who would investigate the matter and possibly require the money to be reimbursed. You may also report the CPA to the board of accountants.
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I know that we have the right? I only went to the CPA several times to resolve it because I know that when a complaint is filed against someone, it really is difficult for them to resolve. I was trying to give him the benefit of the doubt. I think that its one thing to file a complaint just for the fun of it, but it seems my mother has valid reason. My issue is this.....does he have the right to file an action against us...against our business?
Based upon what you have described, I do not see any cause of action he would have against you.
Am i correct that it wouldnt be extortion to simply be asking for the money that was originally paid. I stated to him I wanted to approach him first before going for with a formal complaint.
No, that would not be extortion. Extortion would be something such as you better pay me $10,000 or I will tell your wife that you were cheating on her. In this case you have a legitimate claim for return of your money. You are correct that it would be best to approach him first to try to resolve it without filing suit.
OK. One more thing. Could he file an action against our business? Our store has nothing nor has had anything to do with this situation. Actually I have had nothing to do with this situation. I have simply been speaking as my mothers appointed representative.
Is it lawful for his to make such threats???
Anyone can file suit for anything. However, base upon what you have told me, if he did file suit against your business or you, he would not likely succeed. I do not see any viable cause of action he would have against your mother, you or your business. You should not be intimidated by his threats.
ok...I feel like thats what he was doing. The only times we have had any communication is 1. he hung up on me. 2. an email saying he will have me prosecuted if I contact him again. 3. an email stating that he will file an action if the complaint is filed. That sounds like blackmail to me!! His father is an attorney and I guess it's just $2500. It just seems so wrong. Thanks
I hope that this information has been useful. Please be sure to leave positive feedback for my response so that I will be compensated for my time. Thank you and good luck with your endeavor.