My question involves a consumer law issue in the State of: Michigan
I recently had a new furnace and air conditioner installed in my house. I have paid half and I still owe the other half.
The company (a well known one) has not "charged" the central air unit yet so I have not paid the final balance. They refuse to charge the unit until I pay the balance.
I wrote them a post dated check for 4 weeks later for the balance when they installed it assuming the ac would be charged. They new the funds were not in the account when they deposited it, because I transferred those funds to my other checking.
Now the sherif keeps coming to my house saying he has to investigate the "fraudulent" check. But I thought if you wrote a post dated check and the person knew the funds were not there when they deposited it, it's not a crime.
Now the sherif is saying he has "forfiture" paypers to serve on me and my fiancé (who didn't sign a single document) for the company to remove the furnace. I can't find anything about a contractor using a forfiture law to remove something they installed. Plus they haven't given me the 3,000 I already paid them.
The sheriff only calls from a cell phone and way before 7:30am. Today's voice mail was him berating me and threatening me.
I am thinking he is a friend of the owners or management of this company who installed this? I have called the district court and there are NO civil or criminal cases against me or my fiancé. I have also called the circuit court and there are no civil or criminal cases against me or my fiancé.
So my questions are:
1) Can they remove he furnace from my home?
2) If they can, do I get y money back?
3) They haven't completed the job yet. Our contract says payment due upon completion. So do I have to pay the balance before they finish?
4) Should I be concerned about the check that didn't clear?
5) Can they use forfiture to take the furnace?
Any help would be greatly appreciated.