Falsely Accused of Stealing Tools

My question involves criminal law for the state of: NJ

I've been falsely accused (Criminal charge/complaint) of not returning tools to a contractor who was doing work on our house and did not complete the job. The police were involved to escort the contractors to the house to pick up the tools, only to have it rescheduled often because the contractor did not keep the scheduled times. Nonetheless, they picked up their tools, but because I had to sue them for the breech of contract, he retaliated and said I stole his tools.

My question is this: how can I sue him for defamation of character per se? What form do I use? What monetary value can I recoupe? Can I sue for my attorney fees since I had to obtain counsel for this criminal charge?

If you were damaged, you can recoup what the damages are. However, being reported to the cops isn't actionable, and you've not stated how you were damaged. Now if they went around telling others (outside the cops) that you were a thief, you could possibly have a case if you can show some harm ensued (and not just because you're pissed).

Defamation suits are not made by filling out a form. You need to make a proper complaint stating the damage, how the defendant was responsible for it, and what relief you are legally entitled to. Feel free to discuss it with the attorney you already appear to have who is familiar with this case.

The contractor isn't the one prosecuting you, the state is. You can not recover your attorney fees for your criminal issues. What attorney fees do you have? You don't seem to have been charged with anything. Just because the cops showed up asking you to return the guy's tools isn't a prosecution.

Ok, I guess I'm a little confused about the allegation. Seems some attorneys say I can sue for defamation of character per se, mental anguish and anxiety, days work for having to appear in court etc. I incurred attorney fees b/c of a false allegation, thought I could recoup those fees b/c of that. The damage is my reputation, possible interference with my occupation (line of work) that I will be doing once I complete my degree. I've been reading some things online that says I can sue for compensatory and punitive damages with the claim being harsh in and of itself, that's what and why I was thinking to bring this to court. I can't imagine that people are allowed to make false allegations, cause stress, angst and mental anguish and not have anything done about it.....

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Are you also saying that I cannot do anything unless I am actually charged with this? If the case gets dismissed can I still pursue this?

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Quoting se2113

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Seems some attorneys say I can sue for defamation of character per se, mental anguish and anxiety, days work for having to appear in court etc.

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These attorneys that "say", are they attorneys with whom you have consulted (face to face) and who have reviewed all the details about your situation and have then advised you of what you can sue for?

Yes, I just wasn't sure how to file or what form to use

Just because they utter a lie about you isn't actionable defamation. It has to be done to a third party (and the police won't qualify) or put in a public forum (newspaper, TV, radio, etc...). Then you have to show harm. Your "mental anguish" isn't work a plug nickel.

No lawyer with a clue would tell you that you can sue a witness for having to go to court over a criminal charge. Once the state charges you, they are not the cause of you having to be in court. The fact that that the state has determined there is probable cause that you committed a crime has nothing to do with any witnesses or alleged victims.

Again, there is no NJ standard "Defamation Form" where you can write in the name of the person you're mad at and check off "Punitive Damages." You have to write a complaint in the appropriate form, give the actual cause of action that would make the defendant liable for your damages and the actual damages that you wish to recover. This is way more than we're going to explain in a few posts.

Here's what you are literally asking for: http://www.judiciary.state.nj.us/pro...plt_supcrt.pdf but your chance to prevail pro se is slim.

If you have really spoken with an attorney or attorney who agrees that you have a legitimate claim of defamation and sufficient damages to warrant filing a lawsuit, that attorney should be able to give you all the information you need about how to go about it. You shouldn't need to come to a message board for that info.

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Quoting se2113

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Yes, I just wasn't sure how to file or what form to use

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Then you need to hire one of those attorneys that you talked to.

If you want to sue for a few bucks in small claims court, your local court will have complaint forms and instructions.

If you are looking for big bucks you are beyond small claims court and things get complicated real fast. The slightest technical mistake could get your case lost or dismissed.

Thank you!

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I get that, but the only reason I am here is so I don't have to incur a bill for $300 for asking a question that perhaps I could gain some insight here, but thanks anyway.

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I actually did file a complaint on the county form, I just wasn't sure which form but found it online. Thanks for your help!!

I am curious, why was a police escort required for the contractor to retrieve their tools? Had you already filed suit at that time?