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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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If a person that I am engaged in a business dispute with over

Resolved Question:

If a person that I am engaged in a business dispute with over money states the following:

"I want money, if I don't get money that'll be ok because it'll cost you money you'll have to hire lawyers, etc:"

1. is that a punitive act

2. and would it be sufficient enough to prove reasonable doubt in a title case?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing Criminal law for 19+ years and look forward to assisting you.

With regard to your post:

If a person that I am engaged in a business dispute with over money states the following:

"I want money, if I don't get money that'll be ok because it'll cost you money you'll have to hire lawyers, etc:"

1. is that a punitive act That would depend on the context and what has transpired. For instance, if he is the "right" person in the business dispute and he is indicating that if you don't settle up appropriately he will have to sue you because yes, he wants money, in fact money he believes you owe him - it seems to nothing punitive about it.

2. and would it be sufficient enough to prove reasonable doubt in a title case?I am not seeing it, barring something more - but reasonable doubt is typically in a criminal case and a title case is typically a civil matter. That civil matter may have a standard of proof akin to " a preponderance of the evidence" or "clear and convincing evidence" (the former being an easier burden to meet for the plaintiff). For instance, let's say the plaintiff's statement to you was surrounded by a mere he said, she said type evidence (nothing physical, but mere testimonial) AND you had him making the above statement. It would 'tend' to show that he has less than just motives. I say 'tends' to show, but like most evidence, it is not conclusively shown by that statement, but that statement adds to any other evidence regarding his credibility, motives, and in the end, to whether he is being honest about his allegations. Of course, if crossed on it, he'd likely testify that he "didn't mean it that way, only that he wanted his just moneys back that the defendant refused to pay me" - and the jury or judge (factfinder) would decide what they believed to be true, given ALL the evidence.

Optional Information:
Country relating to Question: United States
State (if USA): Virginia



Let me know if anything is unclear with regard to this. And good luck with your case.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.

ok here's the situation. A shady car dealer that i used to work for owed me money and gave me a car to pay me for part of the debt. Our deal was i was supposed to sell the car after she signed the title over and give her anything over $2000. The car sold for only $2100 (instead of the estimated $4000), netting her only $100 per our agreement. she had sour grapes and then tried to rework the deal after the fact. I recently went through some recording I did of our phone conversations at the time and found one where she said to me "I may not get money but you'll pay by hiring attorneys and missing work. that's what I'm referring to?

Expert:  AlexiaEsq. replied 1 year ago.

Ah! I think you and I have interacted on this before. As noted above, the factfinder would have to believe one of you with regard to who, if anyone, breached the agreement. If she proves that you were not supposed to sell the car for less than $4000, then it could find you breached and that she was merely commenting on the fact that should she lose the case, she will not feel too bad because at least she inconvenienced you. On the other hand, if they find that you had no such $4k agreement, just an agreement to sell for at least $2k so she could pay you back, you will have won the case anyway, and her subsequent statements won't much matter. It really does seem to be a he said/she said, unless you have email or something showing the agreement terms.

That all being said, the burden is on the plaintiff to prove the breach by you, the defendant, by more than a preponderance of the evidence, at least. Often when there is nothing but "he/she said" with no other witnesses or evidence, the plaintiff loses, because she is unable to meet her burden.

 

Good luck!

Customer: replied 1 year ago.

The reason I was asking about the abuse of process is because she actually convinced some detective she knew to issue a warrant about this transaction. So part of my "punishment" by her includes my have being arrested! Does that matter any? The civil action I am suing her to prove she owed me money.

Expert:  AlexiaEsq. replied 1 year ago.
I don't see any reference above to abuse of process. But in any event you'd have to prove she filed a false report of a crime, knowingly false statement - if possible.
Customer: replied 1 year ago.

I dont think you follow entirely. She place CRIMINAL charges on me. Also come to find out she has done this before, given an ex employee/boyfriend of hers a car for payment and then renegged and called the cops.

Expert:  AlexiaEsq. replied 1 year ago.

I dont think you follow entirely. On the contrary, yes, I do. But you may be mixing up criminal vs. civil charges and complaints.

She place CRIMINAL charges on me. Actually, no, "she" did not place charges. Criminal charges are made by the state, not the individual. What she likely did was report your alleged conduct to the police, who then either issued a citation for an alleged crime against you, the alleged perp, or, forwarded the 'evidence' (her statement, etc.) to the DA who then decided there was sufficient evidence to file charges against you. If it is criminal, it will typically be a case captioned as "The State of XXX v. John Doe (or The People v. John Doe) rather than Jane Doe (her) vs. John Doe (you) - the latter which would tend to indicate a civil complaint, not a criminal complaint...

Also come to find out she has done this before, given an ex employee/boyfriend of hers a car for payment and then renegged and called the cops.
Get proof of that prior event that is admissible and you likely help not only prove your own innocence but, if other strong evidence is available of her false reporting (i.e. her fabricating what the deal was), you may be able to show that SHE is actually the one committing the crime. You see?

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11692
Experience: 19+ Years of Legal Practice in Criminal Law.
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