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..

"Eric Tonks" etonks@sunstormADD-DOT-COM wrote in message
...
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.

"Artist" wrote in message
...
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" wrote in message
...

wrote

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

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.

I had a printed proposal not a contract. It had a standard phase at the
bottom.
Reading something that the homeowner need to have proper insurance against
fire, flood...and the work will be conducted in a workman like manner per
industry standards. I have the homeowners insurance but I don't think the
work was conducted professionally leaving my in a contaminated state. I
thought this was the grounds I could withhold payment. I will ask the
lawyer.

"Travis Jordan" wrote in message
...
Eric Tonks wrote:
I have never heard of an unpaid bill being a criminal act.

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.

Artist wrote:
The police officer called it "A complaint against not paying the
contractor." It is a criminal act. I will call Lawyers and let you

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.

Well taken. The work was done on the 8th of February, it has been only ten
days. So, I don't think he has grounds for a $600.00 fee, to place a lien on
my property. I will pay him if the attorney believes it the way to go. I
plan to contact the license board on Tuesday. My local authorities have been
notified as far as the permit for the work. They will be contacting me
Tuesday to answer my questions.


All excellent advice.

"Travis Jordan" wrote in message
...
Joseph Meehan wrote:
In most areas he can ask for a lien placed on your
property. That's why you really need to contact the attorney.

Very, very sound advice.

well do....
This Newsgroup is Excellent..Thank you!

"Travis Jordan" wrote in message
...
Artist wrote:
The police officer called it "A complaint against not paying the
contractor." It is a criminal act. I will call Lawyers and let you

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.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind of
short.....1. the contractor forgot to turn off my heater while working and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal off
the area he was working in so the immediate living space was soiled due to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was cleaned
up.

Consequently to correct this matter, I had set up an appointment with the
chimney contractor to come and view the damages two days. He stated on the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to his
company. I stated it is in the hands of the insurance companies. He still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. 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. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of work
rendered? And I refuse to pay till the matter is settled? Don't I have the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise this
forum may have to offer.

Sincerely,
Artist

Is he supposed to be licensed? Call the licensing agency and get his
insurance info from them. He may also have a bond posted with them.


"Artist" wrote in message
news
Thank you for your advise. I was told I didn't need a permit by the two
contractors I had come out to give the estimate. I will call the building
department.
I'm asking for advise in general. I have posed my problem to the legal
forum
as well.
Thanks for the advise,
Artist

"Travis Jordan" wrote in message
...
Artist wrote:
I relies this but I was wondering what other home owners may have
done or any home improvement contractors experience on a matter like
this.

OK, but remember, this is NOT legal advice and you should consult a
lawyer immediately.

Was a permit required for this job? Did the contractor get one? If
not, call your local city / county inspection agency and ask them to
cite the contractor for working without a permit. They will get his
insurance information (if he has any).

Talk to a lawyer. The police are not lawyers and may have things all
screwed up.


"Artist" wrote in message
...
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" wrote in message
...

wrote

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

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.

ignore all advice here unless it is to call a lawyer.

randy

"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind of
short.....1. the contractor forgot to turn off my heater while working and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal off
the area he was working in so the immediate living space was soiled due to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was cleaned
up.

Consequently to correct this matter, I had set up an appointment with the
chimney contractor to come and view the damages two days. He stated on the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to his
company. I stated it is in the hands of the insurance companies. He still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. 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. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of work
rendered? And I refuse to pay till the matter is settled? Don't I have the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise this
forum may have to offer.

Sincerely,
Artist

xrongor wrote:

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


--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"As long as there are final exams, there will be prayer in public
schools"

I believe in the state of NJ from the repair and remodeling he needs to be
licensed. I was unable to find him in the system so I will call first thing
Tuesday morning. If I can get the insurance information that way I will
release his funds owed.
He don't advertise that his is bonded.

"Art" wrote in message
k.net...
Is he supposed to be licensed? Call the licensing agency and get his
insurance info from them. He may also have a bond posted with them.


"Artist" wrote in message
news
Thank you for your advise. I was told I didn't need a permit by the two
contractors I had come out to give the estimate. I will call the
building
department.
I'm asking for advise in general. I have posed my problem to the legal
forum
as well.
Thanks for the advise,
Artist

"Travis Jordan" wrote in message
...
Artist wrote:
I relies this but I was wondering what other home owners may have
done or any home improvement contractors experience on a matter like
this.

OK, but remember, this is NOT legal advice and you should consult a
lawyer immediately.

Was a permit required for this job? Did the contractor get one? If
not, call your local city / county inspection agency and ask them to
cite the contractor for working without a permit. They will get his
insurance information (if he has any).

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."


"m Ransley" wrote in message
...
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.

Jeff,
I read that today. I will follow up with information.
Thanks,
Artist

"Jeff Wisnia" wrote in message
...
xrongor wrote:

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


--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"As long as there are final exams, there will be prayer in public
schools"

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.

"Art" wrote in message
k.net...
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.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind
of
short.....1. the contractor forgot to turn off my heater while working
and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal
off
the area he was working in so the immediate living space was soiled due
to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was
cleaned
up.

Consequently to correct this matter, I had set up an appointment with
the
chimney contractor to come and view the damages two days. He stated on
the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was
not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly
and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a
car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay
and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost
complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to
his
company. I stated it is in the hands of the insurance companies. He
still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. 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. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of
work
rendered? And I refuse to pay till the matter is settled? Don't I have
the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise
this
forum may have to offer.

Sincerely,
Artist

Artist wrote:
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.

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.

wrote in message
ups.com...

Artist wrote:
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.

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%

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

--
reply to:
"m Ransley" wrote in message
...
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

The last place to go for legal advice would be the police station. The
DA's office, or a private attorney would be better.

--
reply to:
"Eric Tonks" etonks@sunstormADD-DOT-COM wrote in message
...
I have never heard of an unpaid bill being a criminal act.

A stopped payment check might be a criminal act. The check is a contract.
You can't legally stop payment except if the check is lost as far as I know.

I'm surprised the bank allowed it, actually. They usually ask the reason,
and if it's because you are disgruntled, they won't do it. Not in my
experience anyway.

--
reply to:
"Artist" wrote in message
...
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.

I would consider filing harassment and intimidation charges against the man
who went ballistic at your front door, if they continue to cause you
problems.

Fight fire with fire, especially if you are female, which seems to be the
presumption. The bill collection tactics might be your ace in the hole.

What I don't understand though, is if the damage was covered by your
homeowners insurance why you don't just leave it to the insurance company to
collect.

--
reply to:
"Artist" wrote in message
...
Yes I did four days after trying to get him to view that damages or send
out
his insurance agent.

There's where I see that you have a problem. The legal reasons for stopping
payment on a check are extremely limited. It's best to pay by credit card,
you get more protection that way. Also, if a business does not accept
credit cards, that's a huge red flag.

Checks are a nightmare. Don't forget too, that your stop payment order is
only good for a certain amount of time, after which the check can be
re-presented.

You really do need to consult with an attorney on this one. Your friendly
contractor no doubt knows more about the law than you do.

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

"m Ransley" wrote in message
...
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

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
"ZsaZsa" wrote in message
m...


--
reply to:
"Eric Tonks" etonks@sunstormADD-DOT-COM wrote in message
...
I have never heard of an unpaid bill being a criminal act.

A stopped payment check might be a criminal act. The check is a
contract.
You can't legally stop payment except if the check is lost as far as I
know.

I'm surprised the bank allowed it, actually. They usually ask the reason,
and if it's because you are disgruntled, they won't do it. Not in my
experience anyway.

I live in NJ and insurance in this state is out the roof. You can only have
three claims on your policy. I have none so fare then this came. It not my
claim it should be the contractors. I don't want my rates to be increased or
canceled because of this dead beet contractor.
Roughly said sorry.

"ZsaZsa" wrote in message
m...


--
reply to:
"Artist" wrote in message
...
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.

I would consider filing harassment and intimidation charges against the
man
who went ballistic at your front door, if they continue to cause you
problems.

Fight fire with fire, especially if you are female, which seems to be the
presumption. The bill collection tactics might be your ace in the hole.

What I don't understand though, is if the damage was covered by your
homeowners insurance why you don't just leave it to the insurance company
to
collect.

ZsaZsa wrote:
I'm surprised the bank allowed it, actually. They usually ask the
reason, and if it's because you are disgruntled, they won't do it.
Not in my experience anyway.

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.

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

I have stated to the contractor when he was at my door step that it have no
problem paying him after I receive the certificate of insurance. I also sent
this request to him in a certified letter. He has certified me a letter
stating this is a "bad check." I have read the NJ subsection on a bad check
(the contractor mailed a copy of it to me).

Written as follows:
"2C:21-5. Bad Check. A person who issues or passes a check or similar sight
order for the payment of money, knowing that it will not be honored by the
deawee, commits an offense as. ....for theft committed by means of a bad
check, an issuer is presumed to know that the check or money order would not
be paid, if:
a) no account
b) lack of funds
c)an offense under this section:
3) a crime of the fourth degree if the check or money order is $200.00
or more but less then $1,000."

In reading this I think it is because the amount was $600.00. I had no
intention to cancel the check even after the damage happened. It was only
after he missed the appointment and didn't return my calls I placed a stop
payment. I still will make good on the fee once the insurance information
has been received.

"m Ransley" wrote in message
...
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.

"Artist" wrote in message
...
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.


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

Relax , wake up, you just showed A con his con . Monday make your
calls

Id eat him alive with what I know, for breakfast.

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
"Greg O" wrote in message
...

"Artist" wrote in message
...
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.


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

lol..thank you for the humor...much needed and appreciated.

"m Ransley" wrote in message
...
Relax , wake up, you just showed A con his con . Monday make your
calls

Id eat him alive with what I know, for breakfast.

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.



"Greg O" wrote in message
...

"Artist" wrote in message
...
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.



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

Ed wrote:
"Artist" wrote

Jeff
Garden State Chimney
P.O. Box, 293
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Do not use him..please!

Artist, that company could sue you for posting that name and address
and might even win. All they need to do is show a drop off in work
and say your post was the cause. Please, be careful. I know you're
angry but don't make it worse. If they did sue you you would lose
even if you won because the legal expenses could be quite high. A
word to the wise.

They could sue. They would not win. Truth is an absolute defense to libel.

"Artist" wrote in message
...
I have stated to the contractor when he was at my door step that it have no
problem paying him after I receive the certificate of insurance. I also
sent
this request to him in a certified letter. He has certified me a letter
stating this is a "bad check." I have read the NJ subsection on a bad
check
(the contractor mailed a copy of it to me).

Written as follows:
"2C:21-5. Bad Check. A person who issues or passes a check or similar
sight
order for the payment of money, knowing that it will not be honored by the
deawee, commits an offense as. ....for theft committed by means of a bad
check, an issuer is presumed to know that the check or money order would
not
be paid, if:
a) no account
b) lack of funds
c)an offense under this section:
3) a crime of the fourth degree if the check or money order is $200.00
or more but less then $1,000."


But, from what I interpret, you did not issue a bad check. It was good when
issued, but stopped for cause. I'm not a lawyer, but I'd argue that one in
court. You had an account, you had proper funds.

Indeed that is your problem. I would talk to an attorney before doing
anything else. I doubt the job was performed properly since he was clearly
incompetent so I would talk to an attorney before doing anything else. You
also might check with the court system to see if they have a place to put
money in issue in a stop payment case like this to show good faith.


"Artist" wrote in message
...
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.

"Art" wrote in message
k.net...
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.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because
my
chimney was to big to draw the air properly. To make a long story kind
of
short.....1. the contractor forgot to turn off my heater while working
and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal
off
the area he was working in so the immediate living space was soiled due
to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was
cleaned
up.

Consequently to correct this matter, I had set up an appointment with
the
chimney contractor to come and view the damages two days. He stated on
the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was
not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and
never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole
interior
of
my home and property...a four day clean up with five person team. I
live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly
and
the gas company has since removed the red-tagged and I can use the
water
heater.) He claims he couldn't make the appointment due to he was in a
car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay
and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost
complete
that his insurance company would not pay for the damages. I informed
him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to
his
company. I stated it is in the hands of the insurance companies. He
still
refused to supply me with this information and I said I will not pay
him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the
police
took my statement.

When the police arrived at my home they stated; it's against the law
not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only.
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. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of
work
rendered? And I refuse to pay till the matter is settled? Don't I have
the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise
this
forum may have to offer.

Sincerely,
Artist

Did you sign a contract, did it state "work is to be completed in a
Professional matter "
Well it wasn`t , Quit your worring , Im a Pro and have hired and Stop
Payed on your type of hacks. Blow fire at fire , He`s a con

On Sat, 19 Feb 2005 22:32:05 GMT, "ZsaZsa"
wrote:

I agree with zsazsa...
I have found in the past that the police do not always know the law...
They SHOULD.. but don't..
Chuck

On Sat, 19 Feb 2005 23:45:31 GMT, "Artist"
wrote:

I have stated to the contractor when he was at my door step that it have no
problem paying him after I receive the certificate of insurance. I also sent
this request to him in a certified letter. He has certified me a letter
stating this is a "bad check." I have read the NJ subsection on a bad check
(the contractor mailed a copy of it to me).

Written as follows:
"2C:21-5. Bad Check. A person who issues or passes a check or similar sight
order for the payment of money, knowing that it will not be honored by the
deawee, commits an offense as. ....for theft committed by means of a bad
check, an issuer is presumed to know that the check or money order would not
be paid, if:
a) no account
b) lack of funds
c)an offense under this section:
3) a crime of the fourth degree if the check or money order is $200.00
or more but less then $1,000."

In reading this I think it is because the amount was $600.00. I had no
intention to cancel the check even after the damage happened. It was only
after he missed the appointment and didn't return my calls I placed a stop
payment. I still will make good on the fee once the insurance information
has been received.

"m Ransley" wrote in message
...
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.



Some people are slamming you for discussing this on here instead of
going to lawyer first. (You do need to see the lawyer SOON)

In dealing with lawyers (for estate matters) ... I have found that
doing as much leg work for them will save you tons.

Any suggestions you get from here or ideas you came up with on your
own concerning getting documentation that he doesn't have insurance,
not licensed, BBB complaint record, don't forget to take your bank
statement showing that you had funds to cover the check when you
uttered it.. and handing this stuff to lawyer in orderly fashion will
save you some money.
A lawyer having a para-legal (spell check) make a simple call to govt
office to request a form or document, can cost $50 - $100 per shot..

Asking for advice here,, is a GREAT way to have your "ducks in a row"
prior to seeing the lawyer... but it is not a replacement for it.
Chuck