Home Improvement gone bad- chimney liner

[Matt]

Oh, how nice. Im sure everyone appreciates it.

But really, you must try harder.

[BinaryBillTheSailor]

You better talk to a lawyer BEFORE you pay him. Payment might be construed as final acceptance of the job. Did you at least have any sort of written contract? Make sure to show it to your lawyer before you do anything that might totally screw you out of everything. The contractor may also put a lien on your house, which will affect your credit rating, and possibly even your ability to find a job or insurance! Get off the computer and find a real flesh and blood lawyer ASAP. There are NO real lawyers giving free advice on usenet.

BB

[Artist]

Yes...thank you.

Everything a homeowners is advised to do such as obtain certificate of insurance, permits, or referrals I didn't do. This is a very hard lesson to learn.

This is my contractor.

[Artist]

I have ten days to pay him in full according to the Police Officer after I receive his certified letter requesting payment. Then I will be issued a summons to go to court for not paying him. I'm heading over to my police station now to find out what type of summons and how will this effect me personally. Thank you again.

[Travis Jordan]

Are you in Woodbridge Township? If so, you may be able to have the local DA bring criminal charges against the company. Check with Marta Lefsky, Woodbridge Township Director of Planning and Development.

[Travis Jordan]

[BinaryBillTheSailor]

Do NOT take legal advice from a police officer. Especially when the issue is not criminal law. This is not a criminal law issue. The police officer is trying to be helpful, but giving you legal advice was an inappropriate thing for him to do. You need to talk to a LAWYER, and very quickly!

BB

[toller]

15 years ago I had a somewhat similar problem. I withheld payment and sued him; he countersued for his pay. I "won" but not what I wanted.

Anyhow, 15 years ago in NY it was not illegal to refuse to pay a contractor. Maybe it is now, or maybe it is in NJ.

You need a lawyer now. This group is great for home repair advice (though a big chunk of it is wrong), but pretty useless for NJ law.

Good luck; unfortunately you will need it.

[Ed]

wrote

How true. Last summer I had chipmunks attacking the tomatoes in my garden. I called the PD to ask if I needed a permit too buy a BB gun. The officer told me a permit is no longer required but he asked why I wanted to buy a BB gun. I told him and he said I should just buy a Have A Heart trap and catch them, transport them to another area and release them. The next day a local newspaper had a story about the huge chipmunk population and warned about transporting them to another area. It seems that it's illegal to do so and the story went on to say that the best alternative was to destroy the chipmunks in a humain way, not with poisen in other words.

[Artist]

thank you for adding humor... I just came back form the police officer...he said it's criminal not to pay the contractor is 10 day of receiving a certified letter asking for payment. The officer will summons me to court to pay him for work done in my home. I have no recourse but to pay him. Then go after him through Superior County Court with a civil suet. This whole matter is mind blowing.... Thanks to everyone for their help and advise. It got me to go to back to the police station and hear the officer again.

[Ed]

"Artist" wrote

What humor? I'm very serious about my tomatoes :-)

$4.29 per pound (for the good ones) at the local supermarket. Ground chuck is $2.29 and you can still get whole chickens for $0.89 per pound. I love salad.

[Artist]

Your so right Ed...I do love a good Tomato..NJ use to be the tomato state...Sorry for thinking it was a light matter. Smiles, Artist

[BinaryBillTheSailor]

Good lord!

This is beginning to sound like a troll. Your "cop" is giving you VERY BAD ADVICE. Talk to a lawyer immediately, if not sooner. If you keep on the path you are following, you will be very sorry. I do not belive any real police officer would EVER tell you what you claim you were told, unless they were a relative of the crooked contractor.

BB

[Artist]

[Kathy]

Monday is a holiday. You should call your lawyer and leave a message so he calls you back first thing Tuesday.

[Travis Jordan]

Assuming that you had a valid contract with the company in question and that they have done the work that they said they would do, the UCC would require that you fulfill your obligation to pay them, and seek separate redress for any damages. You'll find that it works this way in every state that has adopted the UCC.

IANAL, and your attorney may interpret the law differently.

[Eric Tonks]

I have never heard of an unpaid bill being a criminal act. If this were true there would be a lot more criminals in the world. Also your state may have a holdback law, where you are required to hold back 10% or some other percentage for 90 days to protect yourself from the contractor's unpaid (criminal again?) sub-contractors and/or suppliers.

Again ONLY A LAWYER in your state can advise you on where you stand and how you can recover your clean-up costs.

[Joseph Meehan]

You really need to talk to an attorney in NJ. I suspect that the contractor will not push the issue officially. He likely is not insured (both liability and workman's comp, may not be properly licensed. If he contacts you, tell him that you are planning to have him investigated for lack of insurance and proper licenses. I suspect that will be the end of it.

However. In most areas he can ask for a lien placed on your property. That's why you really need to contact the attorney.

[Travis Jordan]

With the exception of 'intent to defraud' (i.e. uttering) I think you are correct. In this case, the OP simply hasn't paid a bill that (is, may be) due. That's not a criminal act in any state that I am aware of.

IANAL.

[Travis Jordan]

Very, very sound advice.