Threat of litigation/fees

[panzertanker]

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

Then "Joe" better pay up tomorrow.....

 

[You Are Guilty]

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.)

It's actually an interesting question given the liberal WI statute. Check out State v. Manthey, 169 Wis.2d 673, 487 N.W.2d 44 (1992). Not entirely on point, but some interesting language vis a vis a property interest in a lawsuit.

 

[tranquility]

YAG, that's the case I saw too! I put in the search terms extortion and lawsuit into my handy dandy little case law searcher upper and that was the first State v. case which came up. That clarified everything didn't it.?

Info edit:
Now that I think of it, a different case came up in my search. In that case is where I saw the referenced case for lawsuit rights as part of the discussion. When I looked up all the cases which held *that* case, it seems like it was more precedential for probable cause issues than for lawsuit rights as property issues. (In that a lawsuit right can be considered "property" which someone can threaten in order to fall under the extortion statute.)