In Kinnamon v. Staitman & Snyder (1977) 66 Cal. App. 3d 893, a collection attorney threatened the plaintiff/debtor with criminal prosecution for writing a dishonored check. The appellate court held plaintiff's action for intentional infliction of emotional distress was not precluded by the litigation privilege because the threat did not serve the purposes of the contemplated litigation. ( Kinnamon v. Staitman & Snyder, supra, 66 Cal. App. 3d at p. 897.)