european-union litigation austria
Is it legal in Austria for somebody to send threats of legal action in court if money is not paid and not follow through?
<p>I have received a cease and desist letter from a lawyer in Austria demanding I remove a number of facebook posts that asks critical questions about the (non) functioning of their product.</p>
<p>After this letter had been delivered the client continued to contact me personally via phone and email ( neither which I had given him ) demanding private conversations. Even though his lawyer had already sent a letter threatening legal action a week later he sends me an email from his company account again demanding a private conversation and threatening legal action. This feels like harassment and threats. I have explained that I have no intention of a private conversation and that any discussion about his product should happen in public if he wishes to answer the questions I have put.</p>
<p>My conclusion from his actions is that his lawyer has rightly told him he has no case. He is selling a device that he claims to be a &quot;chip&quot; yet I bought one and dissected it and it had no components and an empty circuit board with some magnets glued on.</p>
<ol>
<li>Would a lawyer advise their client to keep contacting the defendant in this case?</li>
<li>What I am mainly curious about is that this original legal letter came with a demand for money. 360 euros to be precise. Is this legal in Austria? If there is no real intention of legal action is it just a shakedown attempt?</li>
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<p>Do I have recourse to go to the Police?</p>

<p>There are answers between black and white.</p>
<p>One might honestly believe to be owed €360, and demand that money in a lawyers' letter, and be prepared to write that demand off if the other party does not comply. Going to court has an uncertain outcome even if one is objectively right, and it will take effort and money.</p>
<p>As you describe the events, it looks like an intimidation attempt, but the other side will have their narrative as well. Regarding the phone and mail communications, this could be harassment or an attempt to reach a pre-trial settlement. Again, it depends on details.</p>
<p>If <strong>you</strong> feel harassed, talk to a lawyer.</p>
