November 25, 2005

• Is this about Mr. P? This guy seems like the worlds largest idiot. Sorry, I know nothing about litigation or the question at hand.
• IANAL, but given the nature of what you've posted about your particular situation I'd say ignore it until he stops huffing and puffing and actually takes legal action. Might not be a bad idea just to have one initial consultation with a lawyer, if you can afford it, but I'll be very surprised if this joker carries through with it. Save the e-mails, of course, which you're doing. In the end, I don't think you have a damn thing to worry about, though he could certainly give you headaches for a while.
• Oh yeah. Mr. P is back. He says, "Give me a $1000 or I'll take you to court". A self-link question; if people want details of this situation, can I link to my blog where there's more info?
• MCT, from what I've researched, email contracts are valid as written contracts, so the guy's hooped. I'm wondering if this is more about harassment. If so, me spending money on a lawyer is the aim of his threatening to claim rather than him actually winning anything.
• I would think that it would be ok to self-link to give more info in a Curious George situation. Also, we know that you're not just here to talk about your basil and/or hummus recipes :)
• Introducing the King of Ass Land. There, I think that makes it legal.
• I would hire an attorney in the Southeastern portion of North Carolina to make some threats, write some letters, and make some phone calls. Then just work out a fee agreement with that lawyer where there is no money involved.
• Dude! That's brilliant! *packs ball-gag and racoon suit for attorney, gets on plane*
• I will of course be demanding photos of bernockle in the raccoon suit. Butt plug optional.
• MJ, a client of the company I used to work for threatened us with a spurious lawsuit. What you need to do is hire a lawyer and have ALL communications go through the lawyer. That pretty much settled the issue for us. Chances are, that unless the guy has a real case with real damages (as in enough to make it worthwhile for his lawyer to pursue) that the dude will back the heck off. Threats look so much better when they are on a legal letterhead. So do the responses.
• Wow, you're an escort. Amazing the different types of people who use this here intranet blog.
• Good Lord. What a tool.
• (I mean P.S., of course. Not anyone here :) )
• Then again, "Prominant Businessman, Generous Benefactor of Major Hospital, and Golden Shower Fiend Takes Hooker to Small Claims Court Over $1000 While His Attorney Cries In a Corner" would probably be fabulous publicity for any forthcoming memoir.
• mj, I don't know how these things work in Canada. Is he simply threatening to sue for return of the disputed amount, or is he able to sue above and beyond that amount? If it's just the disputed amount, then I would have thought his attorney will inform him that it would probably cost him more than he will get in return to pursue the matter. That doesn't mean he's not stupid enough to do it anyway, for the 'principle' (mentioned elsewhere, love it when people feel compelled to do asshole things because of their principles), but for now I'd assume it's posturing in the hope that you'll capitulate. Also, I'm ignorant of how the nature of the transaction itself would be treated in a Canadian court? Are there potential complications for you in having the details of how and why the money came to be in your possession discussed in a court?
• I have no experience with this sort of thing, but I'd wager that he won't go through with it. I mean, $1000, come on. Probably best to ignore him, then if you do hear from his lawyer, then go see a lawyer. Good luck.
• I second koko. However, man, wouldn't it be funny if you guys went to court... and he won. Ms. Moneyjane you are hereby sentenced to be P.S.'s sex slave for the next 365 days I smell a sitcom!
• If it's just the disputed amount, then I would have thought his attorney will inform him that it would probably cost him more than he will get in return to pursue the matter. His attorney has told him exactly that. I mean, aside from the small amount of money concerned, this guy doesn't seem to get that I have in my possession an email with him offering to exchange money for specific sex acts. I smell a sitcom Heh. I smell a murder mystery.
• MJ, it would probably be a good idea to refrain from further public comment as it could influence the court if he ever manages to get it into court. If it winds up in arbitration, same thing. All things considered, best just not to say anything until the matter is resolved. For what it's worth ...
• Heh. I smell a murder mystery. Not... that... much of a murder mystery, anymore. "I accuse mj, in the boudoir, with the poison-tipped stilletos."
• I do not know the law in Canada. But I am marginally knowledgeable about the usually similar US. If the contract was to perform an illegal activity (some sort of sexual activity for money), then the contract is unenforceable. Illegal contracts are not enforceable. Therefore, no one can sue for anything as it relates to the illegal contract. So if it is an illegal contract and Canada has a similar law, then let him sue. No lawyer will do it for him because that lawyer will be reprimanded by the court and whatever governing agency there is for lawyers. He will have to do it himself. He probably won't do that. If he does file suit, then I guess you have to do something. But I would just ignore him if I were you.
• Can I just say that I have faith you will prevail, and my barren life is enriched by living vicariously through your train-track travails. Bless you, MJ, the guy is full of it.
• A threat of suit is just that, a threat. There is no reason to suit up the troops at that point although it might not hurt to get a plan ready. If an actual suit happens, then and only then spend money on a lawyer. Those animals get too much attention as it is and we should be more like Japan in that regard. As an aside, this sounds like BS. Every loser thinks a lawsuit threat will be effective...and it is if you make it so.
• bernockle - mj can do more to clarify, but my impression is tht escort services are legal in Canada. If that's correct, it seems like a contract dispute.
• Providing escort services is legal, but publicly communicating for the purposes of prostitution is not. Now I'm not sure email is seen as public; probably not, but I'm thinking some variation of what bernockle said - I hadn't thought about it that way, thanks b - may come into play. And drivingmenuts, that's good advice. I think the consensus is...the guy's bluffing; even if he isn't, no attorney in their right mind would go anywhere near this; thus it's safe to ignore the guy. Thank God for Monkey advice. I figure pretty much any weirdo situation we run into, seventeen other monkeys have too. Which makes us a little touched, but whatev.
• 10 years ago I would have known people who knew people that made trouble like this go away. I am happier now that I no longer know these people.
• Still. When I need someone to smuggle a shank into the Visitor's Area, I know who to call. Nobody and I mean nobody can beat a cavity search like grover96.
• MJ, I think when dealing with people like this the best thing is not to provoke, but to ignore. You're right; he's a dick; he knows it. If you keep pointing it out to him, he'll keep wanting to get back at you for it. Even if it's just putting you on your heels via a legal bluff (which is what this feels like). One guy's opinion.
• BTW when I was in my 20s I had an apartment-mate in NYC who scammed me out of several thousand dollars before disappearing. What was almost worse was the fear of god I felt when I started receiving threatening phone calls from the "heavy" at a West Side escort service, where the aptmt-mate had apparently bounced several checks before disappearing. (I kept waiting for the ominous pounding at the aptmt door.) Greatest thing was when the woman who ran the escort place ended up on the phone with me several times, calling me "honey" and giving all kinds of advice on why I shouldn't trust people I don't really know. Valuable lesson, but not worth what I paid for it, I don't think.
• I Am Not a Lawyer blah blah blah. However, most USA law cases I've read treat email like postcards for postal mail, i.e., given certain conditions their contents are considered public. He sounds like a real asshat in any case. I'd ignore him.
• If you keep pointing it out to him, he'll keep wanting to get back at you for it. I agree. As of my reply to his email of yesterday, which was essentially a summation of what's already happened, I've had no contact with him and don't plan to. Thankfully I have my blog to blow off steam and here for advice.
• While I know this has been a hard and stressful time for you, I just have to say how much I enjoy reading about it. As cynnbad said, we love living vicariously through you.
• I love living vicariously through me; the way I see it, nothing's truly bad if it's good anecdote material. That's my excuse for my whole ridiculous existence - it's all material.
• Good for you, mj.
• Word to that.
• it's all material Waiting for the book. And it had better be signed.
• And printed on post-it notes. Because that would be cool, neh?
• Hey moneyjane - just read through the whole story and one thing that comes to my mind - you mentioned at one point that this could be a scam and this "P" could possibly be someone who has access to the real P or the real P's checks. Working on the paranoia angle here, this could indeed be someone other than the real P. So he sends you a check, gets you to cash it, then demands the money with threats of a lawyer. This way, he gets to steal a little money from P with no trail leading back to him other than your word. And it's obvious from the way he's treating you that he doesn't think your word is going to hold water with anyone. My advice is stay the course. Since you haven't actually met the guy face to face, I'd go with the thought that he's someone trying to scam P out of money. There doesn't appear to be anything he's done to prove he's not a scammer. I would wish you good luck, but I know you're going to prevail and take his ass to the cleaners on this if need be. Go get 'em, mj!
• I was going to say that the guy is clearly all mouth and no trousers - but I fear that, given the situation, it could be misinterpreted... Stick it out, MJ - I'd be amazed if anything came of it. But the very best of luck if he does keep pestering you.
• I agree with Moondoggie. Stay the course. Cowards cut and run, escorts never do.
• Since you haven't actually met the guy face to face, I'd go with the thought that he's someone trying to scam P out of money. That aspect truly does add another whole layer of "I'm sure the hell not sending you any damn money", especially since it's somewhat reminiscent of this variation of the 419 scam targeted at escorts; i will be in the states for a surmit > for 2days and i want you to be my escort for 2 days... so try to tell me your fulname.....Address......phone no..... so send me your detials so that i will processe the money to you ...the money wii be inform off money order and it will send to by my debtor . he will send you $2500 in your name and you take a non refundable fee of $500 and you send me the rest through western union money transfar so that i will be able to pay for my ticket to come overthere and meet physically .bye love . I get these at least once a week, in addition to the regular ones.
• Ya lost me here: He fucks every possible detail up seven ways to Sunday...culminating in a call he makes to me on October 11th; I am not pleased to have been kept on the hook waiting for a fucking courier the entire Thanksgiving weekend, and tell him that. Thanksgiving? In October?
• OIC. In Canada, where the harvest generally ends earlier in the year, the holiday is celebrated on the second Monday in October. I didn't even know Canada celebrated Thanksgiving.
• Oh, we do. We stuff a boneless chicken inside a boneless duck inside a boneless angry turkey inside a delicious bear. Which we deep fry.
• You forgot the whale.
• Crap!
• MoneyJane! You must keep us posted! This is reality IT at its best! Plus, I for one care about you, and I want to know what you did with SideDish.
• SideDish is actually doing fine in an aquarium in my basement where her lungs have finally adjusted to the oxygen substitution that I gave her of owl semen.
• Well, that just seems highly inappropriate. But whatever honks your horn.
• Or whatever floots your boot, as the Canucks say.
• Or whatever floots your boot, as the Canucks say.
• Say it one more time!!!
• And repeat it for emphasis, my Canickistans!
• Actually, we say "Whatever boots your flute" which makes all men in the vicinity instinctively cover their groins. BTW...is not "groin" one of those words you just cannot take seriously?
• Or "Skeets your hoot", getting back to bernockle's hellish ways.
• I like to call it my jetty, because it extends far out to sea and is often battered by turbulence. Whatever that means.
• (I'm sorry. That wasn't remotely witty.) *slinks away*
• *batters HawthorneWingo's jetty*
• Ouch!
• Sorry, must be using the wrong kind of batter. *throws packet away*
• Oh, that was such a waste for some perfectly good batter... /swings bat, aimimg at HW
• Bat her up!
• ok, wait. (sorry, just got here) racoon suit? like the tanuki suit from super 'mario bros 3'? *cums a little*