Home Improvement gone bad- chimney liner

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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.
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Eric Tonks wrote:

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.
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The police officer called it "A complaint against not paying the contractor." It is a criminal act. I will call Lawyers and let you all know how it goes. I need to have legal advisement before I proceed with anything. You all have given me many ideas and helpful question to start asking a attorney..
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Artist wrote:

Please do let us know about NJ law. It is possible that the police officer may be misinformed as to the criminality of the offense.
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--
reply to: snipped-for-privacy@nc.rr.com
"Eric Tonks" <etonks@sunstormADD-DOT-COM> wrote in message
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I will go see the DA Tuesday and find out. The funds are there. I will post my answer. Thank you for you insight, Artist

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ZsaZsa wrote:

They don't have the right to ask why you want it stopped. It is YOUR check, YOUR account and YOU decide whether you want it to be honored, or not.
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No Zsa Zsa I can stop a check on you anytime if I have reason of Fruad, If you didnt do as you contracted or screwed me.
Spend time in court you will loose
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Talk to a lawyer. The police are not lawyers and may have things all screwed up.
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Why is this your problem???? You turned it over to your insurance company, let them deal with it! Pay the contractor, and let it go. Crap like this is why you pay your insurance premiums. When it is all over you may be out the deductible on your insurance. Then sue the contractor for the deduct and expenses! Greg
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Relax , wake up, you just showed A con his con . Monday make your calls
Id eat him alive with what I know, for breakfast.
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lol..thank you for the humor...much needed and appreciated.

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Good point. But the contractor is filling a summon against me for a "Bad Check" and not paying the contractor for services rendered. My insurance company can not help me here.
I wish it was that simple. Artist

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You missed the part about paying him. I see it as two different issues,
1. He put in a chimney liner, it works, job done. Pay him for his work.
2. He trashed your home in the process. Turn it over your insurance company, let them deal with it, or sue the contractor.
Greg
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The contractor made it more complicated.
He is threatened me at my door. Involved the police by threatening to issue a criminal summons in 10 days after a certified letter stating I issued a "Bad Check." And finally, not issuing to me his companies certificate of insurance.
I have files formal complaints with the BBB and NJ Consumer Affairs. I will be going to my townships DA to find out if I'm wrong for "stop payment" due to non-communication, threats, and not issuing the insurance information. I will obtain the police report. I have already made an appointment with the Building Department in reference to the permits not being obtained by the contractor. And I will contact state licensing board to see if he is licensed. But it appears for home improvement in the state of NJ they contractors don't have to file for it till Dec. 05. I have left messages with the Health and Safety Div. of my county to see if any health violation happened for releasing any hazardous toxic airborne particles into my home.
Trying to correct the situation and protect myself from this contractor. I have received much of this advice from the Usernets I posted my questions on.
I wish it was that simple now.

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Listen, I have a collection agency and you have rights too! http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Artist wrote:

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You missed the part about paying him. I see it as two different issues, 1. He put in a chimney liner, it works, job done. Pay him for his work. 2. He trashed your home in the process. Turn it over your insurance company, let them deal with it, or sue the contractor. Greg
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Pay him-I agree. I had a similar problem with vinyl siding on a new house. I turned it over to my home owners insurance had a check in less than a week. They even paid to have the old siding hauled off. PAY HIM stop the grief...They aren't going to raise your premiums for 1 claim thats why you have a H.O. policy. Your causing yourself needless grief. JMO
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I most strongly disagree! This is part of what is wrong with many sectors of business today. No one takes pride in their work! Why should the customer accept second class, careless, and shoddy work? If the workman was so careless and uncaring as to trash the customer's house, one can only shudder at what he may have done while installing the new chimney liner. Also, I am sure that the contract for the work called for the property to be returned to the same condition after the job as it was before the work began. Therefore the contractor did NOT complete the job! Lastly, why should the customer or his insurance company pay for cleaning up the mess? This is clearly the responsibility of the contractor (if he is reputable and ethical, which he obviously is not) and that responsibility was not met. Therefore, let the legal beagles have at him... I say go for his throat and perhaps a lesson can be taught him!!!!
Dave D

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Are you related to my ex-wife?
To her, the main thing was establishing fault so she could get on to the important things ......... punishment and guilt.
To her, it was not only necessary to win the disagreement, but to then KILL the opponent.
Pay the bum, file a claim, and take all the time you would have wasted on it and spend it with your kids or grandkids.
Sheesh. Teaching people lessons is like teaching an amoeba to pole vault.
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snipped-for-privacy@cox.net says...>

I love it! .... except I'd say "some people" instead of people.
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