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..
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.
Ive stopped payment many times and have never heard of it being a criminal matter just a civil ,matter. I dought he has insurance or lisence or bond. Beat him to the draw and file in small claim on the insurance issue and check to see if he is really lisenced or your rates may be affected. If the police are right the fact that you filed will keep you from being persued by them.
Or talk to your city DA its free . You dont need to pay for legal advise, it is there, The DAs office will be interested in uninsured unlisenced contractors as that is a crime. The DA will probably direct you best, so you can beat him to the correct course of action and your protection.
Did you stop payment on the check? That can be a criminal problem and you will have to convince a judge that you did it because you discovered the work was defective, not because you were trying to stiff him. Otherwise in most states, his getting paid is a civil manner though he might be able to get a lien on your home temporarily.
Talk to a lawyer. The police are not lawyers and may have things all screwed up.
ignore all advice here unless it is to call a lawyer.
randy
This isn't advice, but FWIW, this page seems to say that your contractor doesen't have to be licensed in New Jersey intil December 31, 2005.
Jeff
I was wondering about that, my township should have a DA. I really am concerned with the summons the Police will issue me, they said it is criminal. I will go down to City Hall Tuesday. This is a lot of work and time. But I believe I'm right and should at least get his insurance information.
Thank you for your affirmation that "stop payment" is different then a "bad check."
Yes I did four days after trying to get him to view that damages or send out his insurance agent.
His chimney work fine and the red-tag placed on it by the gas company has been removed. But living my house in that state makes this a civil matter, not criminal. I believe I can prove to the Judge that it was his workmanship that made me stop payment along with other issues previously mentioned here.
You keep mentioning your fear and that you're nearing the 10 days you have to pay or something. But this is what you said in your first post:
"The officer state I must pay the contractor in 10 day after I receive his certified letter requesting payment or I will have to go to court for a criminal offense."
Do you still believe this to be the case, and have you received the letter?
%mod%
Yes, I picked up the certified letter yesterday afternoon, the clock started ticking yesterday. The police officer confirmed this yesterday when I spoke to then.
As I said I have used Stop Pay 3 times recently on crooked hacks. As long as you had the intention of paying for a good job [ and you did pay ] and HAD the funds in your account and, Can , and will have to prove it , it is not a bad check. If it was a deception-bad check , here he could sue for 3 times the amount + court costs. But that obviously isn`t the case for you. It is his failure to provide cleanup or his insurance co. name that is your issue.
Did he advertise or state verbaly or in writing he has insurance ? or a lisence ? or bond?
Next time, you get the insurers name and a cert of insurance before any work starts on anything. Hacks lie.
If you are worried call the police today and explain everything, you will feel better.
Also it is advisable to go to your courthouse and check suits on file for whatever you do next, I learned the hard way.. The last guy I hired looses 3-4 cases a year, and spends a few months in jail a year from not re-paying people he has ripped off. Cal the police, talk to an officer, you will sleep better with them knowing the facts.
I think it is Civil, not criminal, As you paid and had the money in Your account . So call the friendly folks at your local police station and get The Facts. Now If you didnt have the $$ in you account he has a Good case for 3x plus court costs
Dear m Ranselry, You are right in your statement. The funds are there. I will be trying to make an appoint with the DA. Very excellent advice, Thanks, Artist
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