Fallbrook, CA asked in Criminal Law, Civil Litigation, Collections and Small Claims for California

Q: My daughter lost her job, got a "Demand Letter for Damages" from an office in SD and she needs to know how to respond.

This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.

It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage with the door open. First, it was also delivered to our door and listed her mother and father, both in our 70s, and was delivered to her estranged husband's office where a co-worker accepted it. No contract was ever signed iwriting/verbal There is one bank transfer from his bank to her account in the amount of $6,000. There are two other Venmo transfers in lesser amounts stating, "Stock the house, Babe!" in advance of anticipated visits by himself, his mother, and two children and dog. He is seeking damages from a "breach of contract" and fraud. $2,000 was previously reimbursed to him via Venmo. She stopped communicating/feared him because he had an angry drinking problem/Police advised her to.

2 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: You need to speak with civil attorney. This is not yet a criminal case.

Good luck!

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Lots of issues here. Possible unlawful debt collection practice, Libel, extortion by revealing private information to unprivileged people, and this sounds like a collection scam. Seek local legal counsel. Possible restraining order.

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