Threat of litigation/fees

[tranquility]

A tort in your outrageous scenario (If the suit were filed.), not in the *assumed* reality of the OP's question. Let's get back to the OP's question. Is there a specific law forbiding the threat of lawsuit and related attorney fees? From that you think the OP meant that, "If you don't pay me $X.XX, I'm going to frivolously and falsely sue you in civil court for molesting my child. I will ultimately lose because it didn't happen, but in the public's eye you'll be guilty and your career will be ruined."? Please, this is not an issue-spotting racehorse. Even if it were, do you think that answer would have been worth any points? I think you would have been docked for making up facts.

In this particular case, is the OP the victim of extortion? Probably not, but who knows? If he came to your office for help, would you tell him "sorry, but there's nothing you can do about your situation" without ever hearing his story? I doubt it, so why do it here?

Get a few hundred more answers under your belt and then you tell me. Sitting in an office where you have 55 minutes to develop the facts with the client's paperwork in front of you where you can interact quickly and easily is far different than this forum. There is always more facts to develop. There is always more depth to plumb. But, when you answer in the interstices of your day, for free, in this limited format system, who can develop them?

And, sometimes the best advice to a person sitting across from you is to tell him there is nothing he can do. Life is not always an argument where each side will be litigated. Sometimes you've got to put a number in the box and you need the number, not a range of supposed numbers.

 

[johnd]

Let's get back to the OP's question. Is there a specific law forbiding the threat of lawsuit and related attorney fees?

Yes, thank you tranquility. That's simply all I was asking:

Anyone know of a specific Wisconsin statute or rule forbidding the threat of a lawsuit and related attorney fees?

No assumptions necessary. Of course if one goes about willy-nilly threatening people to pay...or else: that is textbook extortion. Let's assume that there is a valid cause of action. The question (simply) remains: Is there a specific Wisconsin (or Federal) statute or rule forbidding such a threat?

As an aside, I typically "threaten" all appropriate legal redress, with all the vim and vigor that my offices can muster. Noone could seriuosly argue that statement is extortion. But a specific threat to sue if you do not pay a specific sum...is that illegal or against a rule? Thanks.

 

[BelizeBreeze]

If this thread is not immediately closed or, in the alternative, my copyrighted content is not removed within the next 10 minutes, I will proceed to file action in the district court of California, county of Marin, for $100,000 plus court costs, legal fees and puntative damages as the court awards.

 

[johnd]

Hmmmm. And your first post was not lost on me Belize, jfyi. Thank you. It is helpful to stay on point, is it not?

 

[You Are Guilty]

If this thread is not immediately closed or, in the alternative, my copyrighted content is not removed within the next 10 minutes, I will proceed to file action in the district court of California, county of Marin, for $100,000 plus court costs, legal fees and puntative damages as the court awards.

Uh, you forgot attorney's fees

 

[BelizeBreeze]

Uh, you forgot attorney's fees

I figured you'd do it for free if I took you for a ride on "Harvey" with Bridget serving you Long Island Teas

 

[jdmba]

A tort in your outrageous scenario (If the suit were filed.), not in the *assumed* reality of the OP's question. Let's get back to the OP's question. Is there a specific law forbiding the threat of lawsuit and related attorney fees? From that you think the OP meant that, "If you don't pay me $X.XX, I'm going to frivolously and falsely sue you in civil court for molesting my child. I will ultimately lose because it didn't happen, but in the public's eye you'll be guilty and your career will be ruined."? Please, this is not an issue-spotting racehorse. Even if it were, do you think that answer would have been worth any points? I think you would have been docked for making up facts.

You're missing the point. I didn't think the OP meant what I wrote in my example. However, I also didn't think the OP meant that he was threatened with a legitimate lawsuit. That's the point...I didn't assume either scenario because there wasn't enough information.

I thought it was obvious that my example was merely meant to illustrate that the answer is not a simple "no, there's no law against threatening a lawsuit."

 

[You Are Guilty]

I thought it was obvious that my example was merely meant to illustrate that the answer is not a simple "no, there's no law against threatening a lawsuit."

We're going in circles. If it is legal to file a lawsuit, even a frivilous one, how can it be illegal to threaten to do so? While there may be remedies after a frivilous case is filed (and declared frivilous), that doesn't prevent someone from threatening to do so. It's clearly distinguishable from someone threatening action(s) which they have no legal right to take (i.e. shoot you, put a lien on your house, pork your wife, etc.) If I "threaten" someone by saying "Pay me or else I'm going to go to the store and buy all the soup," or "Pay me before I go to the police station and report that you didn't pay me" is that extortion? I have a legal right to do either of those things. Just as I have a legal right to file any case, frivilous or not. (The punishment for abusing the court system comes after filing for a reason).

Under the same reasoning, it's not illegal to threaten attorney's fees - which is what I think the OP had asked. (Which is good, considering just how many lawyers do exactly that themselves, often for claims which they know would never make it past summary judgment).

About the only reasonable exception I can think of is that certain states have vexatious litigant statutes which strip one's rights to use their courts. And even that is a stretch.

I figured you'd do it for free if I took you for a ride on "Harvey" with Bridget serving you Long Island Teas

Ahhh...

 

[jdmba]

We're going in circles. If it is legal to file a lawsuit, even a frivilous one, how can it be illegal to threaten to do so? While there may be remedies after a frivilous case is filed (and declared frivilous), that doesn't prevent someone from threatening to do so.

If filing a frivolous lawsuit were legal, why is it often punishable after a person does it? That doesn't make sense. It was obviously wrong for him to do it in the first place.

Regardless, blackmail/extortion cases often deal with threats of conduct that would otherwise be legal if not for a corresponding demand for money. And no, I'm not arguing that all threatened lawsuits are illegal or punishable. Obviously other factors come into play, like an unreasonable demand for money, etc.

Anyway, this is tiresome. Later all...

 

[tranquility]

Unless you are a bill collector and are threatening a lawsuit when you don't intend to file suit, I don't think there is a law against it.

 

[panzertanker]

If filing a frivolous lawsuit were legal, why is it often punishable after a person does it? That doesn't make sense. It was obviously wrong for him to do it in the first place.

Regardless, blackmail/extortion cases often deal with threats of conduct that would otherwise be legal if not for a corresponding demand for money. And no, I'm not arguing that all threatened lawsuits are illegal or punishable. Obviously other factors come into play, like an unreasonable demand for money, etc.

Anyway, this is tiresome. Later all...

But, if "Joe" owes me money and I say;
"Joe, You owe me 100 dollars. If you do not pay me by tomorrow I will file a lawsuit and pray for expenses as well. That is going to cost you a whole lot more than paying me, Joe."

THAT is not illegal.

 

[tranquility]

Regardless, blackmail/extortion cases often deal with threats of conduct that would otherwise be legal if not for a corresponding demand for money. And no, I'm not arguing that all threatened lawsuits are illegal or punishable. Obviously other factors come into play, like an unreasonable demand for money, etc.

Have you even researched the law on extortion since your post? Even superficially? From the threat of a lawsuit--even a frivilous one, is there a threat against the person? Is there a threat against his property? Can we have "extortion" without one of those?

(Actually we can, the statute in the OPs state is broad. However, even with its broad nature, the threat of a lawsuit, justified or no, probably wouldn't fit.)

 

[BelizeBreeze]

Obviously other factors come into play, like an unreasonable demand for money, etc.
.

I demand you pay FreeAdvice.com $250 for our posts on this subject or face termination from the forum, future banning and a small claims action to recover based on your agreement during the signup procedure.

 

[tranquility]

But, if "Joe" owes me money

Then the FDCRA would not apply regarding an illegal debt collection activity since you are the original creditor.

 

[panzertanker]

I demand you pay FreeAdvice.com $250 for our posts on this subject or face termination from the forum, future banning and a small claims action to recover based on your agreement during the signup procedure.

My post above is my "2 cents worth" contribution for "collective fine" you are trying to impose.

You are welcome!