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Question

ATTENTION: MATT Thank you for your quick response last night; however, I did try to replay for some more clarification, but I had to accept the answer first, then I made another deposit. Not sure how this works, but I need to know how long would this incident be considered "stale?" It happened 4 days ago and she just keeps threatening him with pressing charges because she wants to keep a relationship with him and is blackmailing him. He is really afraid of this person. He cut her tire with a knife, while she was in her car, but now he knows what a "fatal attraction" she is and is afraid that she might try to come back on that he was yielding a weapon. Although he did not harm or threaten to harm her in any way. If she accepts a check with the "reason" written on the check as "replacing damaged tire" would this be like a settlement??? and, then he should have no worries. Or, could she just hold onto the check and keep blackmailing him into a relationship? Thanks again, Matt!

Submitted: 20 days and 9 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to Question: Florida

Already Tried:
Got answer from Matt last night, but need more info and was unable to use the REPLY section.

Accepted Answer

Hello,

 

I am not sure if you got my last message to you.

 

I would simply buy her a new tire to replace the old one. No check, pay cash. The less of a paper trail the better. This improves his deniability in the event she does file. If there were no witnesses, it would be his word against hers that this even occurred. At this point, I doubt she is going to file if she hasn't done so in 4 days. He needs to play along for another couple days to put some more time inbetween the incident and any possible complaint.

 

You are correct in that vandalism needs to be "fresh" in order for the police to take it seriously. There is no set time frame for when a complaint loses credibility, but the more time that passes, the less serious they take it since it then looks like any charges filed are done so in retribution or revenge from a spurned girlfriend. The fact that it was a knife won't matter unless she alleges that he made threats to her person..

 

I would definitely recommend maintaining all messages she leaves including texts, voicemails and even getting a small tape recorder to record live conversations if they are hostile. It sounds like this is a Spring/Fall romance that has run its course but she doesn't want to let it go. After she makes a few vague threats, he can be proactive and file a restraining order against her for the threats. Then any follow up complaint she files would look like retribution. The RO will ensure that if she is mentally unstable, she can be arrested if she doesn't let it go.

 

 

Thanks.

Matt

 

 

 

I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you need any assistance in the future with additional questions, you may request me personally by putting my name in the subject line.

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Expert: Matt
Pos. Feedback: 99.2 %
Accepts: 
Answered: 11/4/2009

Attorney

9 years experience in real estate, estate planning, and criminal law

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