QUESTION

Extortion

Asked on Nov 17th, 2014 on Corporate Law - California
More details to this question:
Hello. Someone is accusing me of "extortion" and apparently a process server came by my house not too long ago, but I wasn't here. What do I do next? I was talking to someone for a year online or via text (never met) and they would give me. About a month ago they told me that they could no longer give me money, so I was a bit sad about but when I tried texting this person, no response for a few days, I had thought something happened. After that I realized they were ignoring me, they changed their number and now I guess they have some process server trying to serve me, claiming it was extortion. If it was extortion, why didn't he do something about this a year ago, when I first asked him for money. It just doesn't make any sense. I've never got in trouble with the law, EVER.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Don't try to hide from the process server. Eventually, a good process server will either find you or provide the attorney with a lengthy and thorough description of all the efforts to serve you and how you have hidden, which will convince a judge to authorize serving you by publication. This is expensive, and if you lose the case, you will end up owing the other side reimbursement for that expense, too. If the judge authorizes service by publication, you won't see it in the newspaper, the trial will go ahead without you, judgment will be entered against you, and the other side will be entitled to sieze your bank account, garnish your wages, and record the judgment in any county where you own or might someday own real property. That means you won't be able to buy or sell real estate or borrow or refinance any loan secured by real estate, without paying off the judgment. The judgment will appear on your credit report. This could interfere with buying a car on credit, applying for a job, or even to rent an apartment. If you have owner's insurance or renter's insurance on your home, it should provide you with a lawyer to defend the case, even if the insurance company might not pay any ultimate judgment. You might need to hire your own attorney to convince the insurance company that it must defend you. If you appreciate this free advice, please remember to refer me to any of your friends or acquaintences who need a lawyer. Referrals are still our best source of new business. Dana Sack
Answered on Nov 18th, 2014 at 3:20 PM

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