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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am being blackmailed by someone in TX. I live in VA. She

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I am being blackmailed by someone in TX. I live in VA. She is threatening to expose my infidelity if I dont pay her a monthly allowance. I have already paid over 40k in the past 4 months. Can I sue her for my money back? Is there a statue of limitations?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Do you have evidence of her actions?
Customer: replied 3 years ago.

Yes - All this has occurred via email messages - which I have saved and not deleted

Thank you for the additional information. I am glad you said that. The reason being, is that blackmail is a crime in Texas and is often classified as extortion and a theft crime, in the State. I have provided the statute below for your review. With that being said, you have every legal right to contact the police and file criminal charges against her, for her actions. Since this is a crime against the State, if she is prosecuted, the State will represent your legal interest as the victim and obtain restitution for you. This way, you do not have to incur the cost and put forth the effort, to try and recover on your own. If criminal charges were not filed, then you would have to file a civil cause of action against her, to recover. The emails which you have are evidence and can likely be used against her, to support your allegations. When you are asking about the statute of limitations, for a civil suit, you are looking at 2 years. However, it is best to act at once.

http://www.statutes.legis.state.tx.us/docs/PE/htm/Pe.31.HTM

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.

Hello, This is very helpful ... Sorry for the delay. A few additional questions ..


1. Is there a statute of limitations for criminal proceedings?? (Can I file a criminal complaint at any time in the future?)


2. What is the legal implication of me telling her that if she divulges evidence of my infidelity I will file a criminal complaint against her??

You are welcome. The statute of limitations would depend on how the State decided to file and charge her but there is likely a 5 year statute of limitations on this and begins to run once she did make this threat. However, I would certainly not wait to report this, since the longer you wait the more problems that could occur. Also, there is nothing wrong with telling her that you will go to the police regarding her extortion, since she is the one who is committing the crime and you are giving her a chance to resolve this, without any type of civil or criminal proceedings.
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