Cancelled Check: Theft by Deception

[Miller]

I hired a roofer to replace some boards and to Hydro-Stop a small deck on my home. I paid him $900 before he started. When he appeared at my door telling me that the work was completed, I trustingly gave him a check for the remaining $900. I was shocked when I walked outside. My home is gray, and he didn’t bother to have the proper color of paint mixed with the Hydro-Stop. Instead, it is blaring white and slopped over the tabby walls (shells embedded in stucco), wood siding and window frames. I called him immediately. He agreed to pick up a color sample on Monday and to take care of the matter. When he didn’t show up, I became nervous. Since his work was incomplete and I hadn’t received what I paid for, I called the bank and put a hold on my check. It never occurred to me that I didn’t have a right to do this. The man did not contact me again until the following Saturday when he appeared at my door unannounced demanding payment. I wasn’t at home, so he spoke with my son. He refused to listen to our grievances, used profanity, and in a fit of anger, drove his huge truck though my yard and garden killing plants. Meanwhile I had a Hydro-Stop professional inspect his work. He presented me with a list of 8 serious mistakes, told me that my roof will certainly leak in time, and that because the Hydro-Stop was not installed correctly, I am no longer eligible for the 10 yr. renewable warranty Hydro-Stop gives their customers. I am now trying to get an inspector from the Hydro-Stop Co. to inspect my deck and to advise me if and how it can be fixed. I actually phoned my roofer and informed him of this, as I considered the business of services and payment yet unresolved. Later that afternoon, I received a letter from the Magistrate court. The roofer charged me with theft by deception and requested a warrant for my arrest. What can I expect in court, and how can I defend myself?

[aaron]

You can see if you can file charges against him under the laws of your state - building contractor's fraud, for example. You should consult a local criminal defense attorney.

[vmcmurry]

Most states have some sort Debt Collection Practices Act that must be followed and such harrasment and conduct by someone can have serious consequences. I would look into this and file suit against him if he tries to collect his money. Take pictures of the damage to preserve evidence.

[GreatGadsby]

Most states have some sort Debt Collection Practices Act that must be followed and such harrasment and conduct by someone can have serious consequences.

this is true, but most 'debt collector' laws pertain to someone collecting money for someone else. not when one is collecting for themself.

[Miller]

The irony is that it is he who is guilty of theft by deception. Among other things, he told my son that he removed the fiberglass from the deck and replaced the rotted boards that he discovered underneath. I had a repairman drill a plug from the floor of the deck. The fiberglass is still there. The hydrostop is already buckled and delaminating. I'm going to take a strip of the topcoat to court with me. I have a long list of offenses and lots of photos, but I'm concerned that I won't get to present them. The issue here is going to be that I put a stop payment on his check, though I truly intended to release to him just as soon as he applied the second layer of topcoat in the proper color. Besides, two topcoats are required and my plug reveals that he only applied one. It was only later that I discovered the full extent of his abuse. There isn't anything that he did correctly! The entire deck floor has to be torn up and redone. Nothing can remove HydroStop products once they have been put down. The edges will pop up and they will peel, but they cannot be cleaned off. My tabby walls, the gray wood siding and the window frames are permanently marred. After my hearing in criminal court, I'm going to sue him in civil court.