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Attorney 1
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Category: Real Estate Law
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Experience:  Knowledgable and Experienced Attorney
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Go to Cancun with a friend and his wife of 15 years. He said

Customer Question

go to Cancun with a friend and his wife of 15 years. He said he had already paid the maintenance fees on his recently deceased fathers time share there which was a $1,000 bucks. He told us not to worry about anything just get our plain tickets. It old him I would pay for half of the $1,000 bucks because I felt bad about his father recently dying and all of that. While there here routinely engaged in disruptive behavior insulting me went as far as to stick two of his fingers in my mouth and say "this is how I fish hook my whores not once but twice. I have recently lost 100 pounds that I gained due to a back injury and he was yelling at the bar how I was his lard ass friend that he had taken under his wing and I was no longer going to be a fat ass when he was done with me. Then makes racist comments to a young couple I happen to be talking to from Chicago, then after three days of making rude comments directed toward a guy from Hawaii about his appearance almost gets in a fight with him and his 8 friends. Today he walks up in my work demanding that I pay him 500 bucks for the trip. We ended up spending the last two days in the room, my wife and I on our side and leaving very early in the morning to catch our plain ride home. I initially told him I wanted to pay he said whatever I don't care if you want to fine if not fine you can give it to me whenever! Since getting back home he's told customersnot to come and buy from me(I sell cars for a living) went around telling mutual friends that if I don't give him this $500 bucks then it's going to be something!!! What ever that means!!! Now he has threatened to take me to court to retrieve the $500 bucks that I offered to pay not that he asked for that I at this point don't feel I should have to pay after he ruined our vacation and those were just a few of the awful things this man did while we were there!!!!!
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: This is Delaware and it's not a traffic case!!!!
JA: Has anything been filed or reported?
Customer: No he just threatened me with it today when he came into my place of business and had to be asked to leave!!
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 4 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

While it definitely sounds like you need new friends, the law is also 100% on your side here. Because the trip was not conditioned on payment and you only offered to throw in money gratuitously, you have no legal obligation to do so. No court would award your "friend" any money. This is not because he was such a jerk on the trip, but because his position is simply not grounded in the law.

As far as his interference with your business, this friend could be liable to you if taken to court. Your causes of action would be defamation, if he is spreading lies about you in a business capacity, or interference with contractual relations if he is interfering with your sales.

With regard to the threats, you could potentially obtain a restraining order against this person if he has made a credible threat to physically harm you. This person also may not realize that threats to obtain money to which a person is not legally entitled can be construed as criminal extortion.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!


Attorney 1

Expert:  Attorney 1 replied 4 months ago.

Please let me know if there is anything else I can do for you. I'm here to help.

If the answer provided sufficiently addressed your inquiry, please take a moment to rate the response, accordingly. Thank you.

Attorney 1