is this extortion? Do I have any recourse?

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is this extortion? Do I have any recourse?

I worked for a company in which I took some money while employed there. After i left the company, they found the money I took. I made arrangements with the company with my husband to make those payments even tho we were going thru a divorce. I made my payment this month but he hasn’t. the company is threatening me with charges filed even tho we are seven months into this agreement, if I don’t pay his portion of the payment this month and any other months he doesn’t pay his half. The debt is listed in our divorce documents and agreed to. Do I have any recourse? is this extortion?

Asked on April 17, 2009 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Don't mean to be snide but even if it could be construed as extortion, could you imagine going to the police and saying -- "I am an embezzler. They are threatening to report me unless I pay them back. Prosecute them."

My guess is the police would call the company, the company would say you stole the money, they deferred prosecution to give you a chance to repay it, you are not repaying it and you'd be wearing handcuffs shortly thereafter.

YOU stole the money. The company is perfectly justified to look to you to repay it. The fact that your husband is in default of his contractual / court ordered obligations to you to share in the repayment does not take you off the hook. The company did not agree you would have to repay only half as he also promised you he would repay half; that's a private deal you and your ex-husband made between yourselves.


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