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Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 98983
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Just to make absolutely sure I am not doing anything wrong.

Customer Question

Just to make absolutely sure I am not doing anything wrong. If I tell my ex-husband's lawyer that if he does not pay me, I will shut my website down, is this considered extortion?(This is Duped again).He picked up his belongings today, so I can move ahead with negotiating the separation agreement and I want to make sure my letter to his lawyer is bulletproof. (Are you willing to have a look at the letter for me, in a separate question?)
Submitted: 9 months ago.
Category: Canada Criminal Law
Expert:  Legal Ease replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 9 months ago.
Oh, and to be clear, I'm talking about repaying my debt, not paying me back for the website.
Expert:  Legal Ease replied 9 months ago.

It is not extortion if he owes you money for the website.

You are saying he breached your agreement (implicit) that you would be paid.

So if he isn't paying you are not going to allow him to continue using the website.

Oh. I just saw your second post.

If you are saying pay me what you owe me for other matters then it could be considered to be extortion.

So in that case you had better not do that.

It is only if he owes you for the website.

Customer: replied 9 months ago.
Ok, so I'm going about this the wrong way.#1 - I spent $24,000 on a) his living expenses, b) his sponsorship fees, c) his business start-up costs#2 - I made him the website and marketing material.The monthly payments I want are for the former. I'm telling his lawyer that if he also wants the website, he will pay an additional sum. However, her last letter to me said they would take me to court if I didn't hand over the website (and digital assets). She said that she is trying to find a creative solution for him to control his business assets.My creative solution is to let him use the website as a STAFF member only (he has no ownership this way). I want to say that if he doesn't pay me what he owes, I will shut the website down, but since this is extortion, I need some kind of bargaining chip to make sure he pays those monthly payments.See?
Expert:  Legal Ease replied 9 months ago.

If you own the website you don't have to make the kind of threat you were thinking of.

If it is your website you can say he was using it for free while you were married.

He cannot do that any longer.

He can buy out the website or you will consider allowing him to use it for a fee. If he doesn't pay the fee he loses the right to use it. Simple. That is not extortion. That is a business deal.

Did you get the rating issue worked out with customer service?

Customer: replied 9 months ago.
No, the rating issue hasn't been sorted yet. Don't worry, I'll make sure you get your ratings one way or another.So, my bargaining chip is completely dependent upon how badly he wants that website. See, he can simply say, "never mind" and go get a website elsewhere and rebrand himself. Then he walks away with a debt and has no obligation to pay me.
Expert:  Legal Ease replied 9 months ago.

He still has an obligation to pay you but it is certainly better if he really wants this website.

You aren't going to settle if it is not fair to you and a court will see what he has done and the deceit and the sham marriage to get PR status and all he cost you.

Customer: replied 9 months ago.
The trouble is, I have no money to hire a lawyer, so I will be representing myself if he takes me to court. I wonder if maybe keeping my letter to her short and sweet is best because then they will move forward with taking me to court and a judge will be more fair. I really don't know what to do.
Expert:  Legal Ease replied 9 months ago.

That may make the most sense.

He isn't going to treat you fairly. You know that.

And he knows you cannot afford a lawyer.

But you can self-represent and that is not something he will like when he realizes it as there is no meter running for but his legal fees are going to shoot up if you have to go to court.

Customer: replied 9 months ago.
Can (should) I say this to her (his lawyer)?
Expert:  Legal Ease replied 9 months ago.

You should say that if you cannot get a fair deal you want to proceed to court and will be self-representing but you are feeling the court will be fairer than your former spouse.

Customer: replied 9 months ago.
Ok, thank you.
Expert:  Legal Ease replied 9 months ago.

You are welcome.

Please try to rate so I can report it if the rating doesn't go through.


Customer: replied 9 months ago.
I just phoned Customer Support and they're escalating the issue to look into it.
Expert:  Legal Ease replied 9 months ago.



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