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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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As of a few years ago,l gave someone a certain amount of

Customer Question

Hello, as of a few years ago,l gave someone a certain amount of jewelry on consignment, that ive dealt with previously and had no problems, all on handshake deals. When i tried to collect on the debt owed to me i get no answer on his cell phone that he provided to me, i was also given from him his office number, when i call his office this person along with his coworkers, laugh ,threaten me , try to make a jerk out of me. He works for his father in laws company, and i hear his father in law inthe backround. They called my son and threatened his life repeatedly. I told my son to start recording the conversations when they call. He is scared for his life, constantly looking over his shoulder. I know the money owed is on a handshake deal so its probably going to be a he said she said kinda thing, but since i have him on tape threatening my sons life, can i sue civily. I dont want to sue criminally. Also i live in New york and his office is in NJ, idk if thats an issue, being different states different laws. Also can i persue this wo my son ,being he is so nervous.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your son can sue civilly for the threat against him but, realistically, it will cost you more than you're likely to recover if you use a lawyer.

You can't pursue this for your son nor can you represent him or speak for him in court.

He would have to sue them in NJ for the threat since that is where they are located.

You can sue him for the breach of contract civilly yourself and if you were in NY when you gave him the jewelry then you can sue there. If not, then you have to sue them either where you were located when you gave them the jewelry or where they live.

There is a 6 year statute of limitations in NY and in NJ so as long as you are within that time period you can file the lawsuit and won't be "barred".

As you apparently recognize, there is also a criminal complaint possible.

If you decide to use a lawyer then you want one who does Civil Litigation. Since it is breach of an oral contract you can also sue for attorney's fees,

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.