Exaction refers to the act of demanding an excessive or unjust fee for services rendered by an official in the course of their duties. This often involves charging more than what is legally permitted, exploiting one's position of authority. In contrast to extortion, where an officer demands more than what is owed, exaction occurs when an officer collects fees that are not owed at all.
Exaction is relevant in various areas of law, including civil and administrative law. It often arises in cases involving public officials who may misuse their authority to impose unfair fees. Users may encounter this term when dealing with legal forms related to administrative appeals or complaints against public officials. Legal templates available through US Legal Forms can assist individuals in navigating these situations effectively.
Here are a couple of examples of abatement:
(Hypothetical example) A city clerk may charge a fee for processing a public records request. If the clerk demands a fee that is significantly higher than what the law allows, this could be considered exaction.
(Hypothetical example) A police officer may require a payment for a service that is typically free, such as providing a copy of a police report. If the officer insists on a fee that is not justified, this act could also be classified as exaction.
Examples of state differences (not exhaustive)
| State | Exaction Laws |
|---|---|
| California | Strict penalties for public officials who engage in exaction. |
| Texas | Defined regulations on fees charged by public officials. |
| New York | Clear guidelines on permissible fees for public services. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Exaction | Demanding an unjust fee for services not owed. | Involves fees that are not legally justified. |
| Extortion | Obtaining money through coercion or threats. | Involves demanding more than what is owed. |
If you believe you have been subjected to exaction, consider the following steps:
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Document the details and consult a legal professional for guidance.