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junebug
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Isn't this illegal or blackmail?
      #536440 - 05/20/09 06:35 AM

I have had to file paperwork to enforce my visitation & we just got a hearing date. I guess my ex is furious that "I" have the nerve to take "HER" to court. So during pickup for a visitation ex came out before child & ranted on about how ridiculous it is that I'm taking her to court & that I'm lying(which I'm not) then threatened that she has dirt about some info she knew from back when we were together like 9 or 10 years & that there is no statute of limitations on it, blah, blah & she's going to take me to court for it. There is nothing & she is just talking out of her arse. But I always audio tape with my cell & have it recorded. Isn't it illegal to threaten like this, blackmail or something?

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DeeCan
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Re: Isn't this illegal or blackmail? [Re: junebug]
      #536470 - 05/20/09 08:11 AM

If you tried really hard, you could probably call it blackmail; but I'd just laugh it off. In Court it's going to make her look like a real dumb*ss.

Btw, did you murder someone? That's the only thing (in most states) that doesn't have a statue of limitations.

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Gestalt
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Re: Isn't this illegal or blackmail? [Re: DeeCan]
      #536482 - 05/20/09 08:27 AM

You know he can't answer that! LOL



OP, I totally agree, ignore it- if she tries to move on it, she's the one who looks bad (unless of course, you did indeed murder someone)


[quote]If you tried really hard, you could probably call it blackmail; but I'd just laugh it off. In Court it's going to make her look like a real dumb*ss.

Btw, did you murder someone? That's the only thing (in most states) that doesn't have a statue of limitations. [/quote]

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junebug
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Re: Isn't this illegal or blackmail? [Re: Gestalt]
      #536520 - 05/20/09 09:36 AM

Never killed anybody or anything crazy like that.

I kinda thought she was maybe talking about taxes or the books for my business I used to run or something.

Really?? Murder is the only one?? I really hope she isn't trying to set me up for something. She is quite a nutcase & I wouldn't put it past her.


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Melody
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How was it worded? [Re: junebug]
      #536548 - 05/20/09 10:36 AM

if she said, "If you don't stop this action, I'm going to....." then it may be considered a threat. If she just stated that she has dirt on you and plans to expose you, then she is merely announcing her plans. She may act out in retaliation for the court action that you initiated, but I doubt it would be considered illegal or blackmail.

You may want to check the statutes for your state regarding recorded conversations. You wouldn't want to be in violation of any 2 party consent laws.


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Maury
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Re: How was it worded? [Re: Melody]
      #536549 - 05/20/09 10:38 AM

It is not blackmail. It is a vacuuous threat based on a family law conflict.

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Melody
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If it is tax related [Re: junebug]
      #536550 - 05/20/09 10:38 AM

then ANYONE who has knowledge of someone doing anything fishy may notify the IRS. There might be a length statute of limitations with regard to that.

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junebug
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Re: How was it worded? [Re: Melody]
      #536580 - 05/20/09 11:28 AM

It was recorded outside on my cell phone which was in plain sight. Guess I just figured it was legal in florida. Anyone know??

ETA--I'll have to check on the exact wording.


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cycler63
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Reged: 06/16/08
Posts: 34
Re: How was it worded? [Re: junebug]
      #536587 - 05/20/09 11:54 AM

Information from www.callcorder.com/phone-recording-law-america.htm#State%20laws%20(table):

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming




States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

Also a good thing to keep in mind, even if your state doesn't allow recording of calls without two party consent, if you were doing it to protect a violation of your rights or expose a threat made directly to you, a judge might rule that, even though the recording was illegal, your protection under the Constitution takes higher precedence.


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junebug
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Re: How was it worded? [Re: cycler63]
      #536589 - 05/20/09 12:03 PM

It wasn't a phone conversation. It was face to face in the driveway outside the home. I used the audio recording feature on my cell phone to record it. Holding the phone in plain sight

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