My prized torch was stolen!!!

Brighteyez

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Apr 5, 2005
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Location
San Jose, CA
Just looking at this as an outsider and hopefully objectively, based upon what you've posted, it would appear that you have not paid the bill in full, and have accused the contractor's employee of stealing from you, yet you cannot provide any proof.

I'm sorry to hear that your light is missing. But if all you have is what you have posted so far, I just have this strange feeling that you'll find yourself not only liable for the $200 that you withheld from the contractor but additional fees as may be imposed by the courts (if he takes it to court) and if you're the owner of the house, the county clerks office (to remove the lien). I know it probably doesn't sound right to you but based upon your side of the story, it sounds like you own the contractor $200, regardless of what he offered you for the missing light.

Firebladz said:
Yes but he would have to be the biggest A-hole in the world to do that! The bill was $1100 total and we deducted $200 because something was stolen and the rest was paid immediatly in full...

It's not like we're not paying the bill here, we simply deducted the value of the object that was taken...

Somebody has to be held responsible whether they like it or not!
If he can get my light back one way or the other then great, but if not then they have to be held accountable... That's the way I see it...

I believe this is a different circumstance however these laws might still apply...
 

Firebladz

Newly Enlightened
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Sep 22, 2005
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146
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Great white shark, errr I mean North
I think it will be hard for them to put a lien on the house due to the fact that A: it's such a small ammoutn and B: they might wanna know why 85% of the bill was paid and not the rest and when it is explained they might dismiss it...

I doubt it will go as far as court due to the fact it would cost almost that much and more time and effort, plus it will cost him a whole bunch more in business for him if he turns this into a hassle...

He better open up his eyes and realize he has a much bigger problem if he has theives working for him... Plus from my understanding he can get in a lot of trouble if he has employees working for him with criminal records and is letting them walk into people's home's unaware!


Brighteyez said:
Just looking at this as an outsider and hopefully objectively, based upon what you've posted, it would appear that you have not paid the bill in full, and have accused the contractor's employee of stealing from you, yet you cannot provide any proof.

I'm sorry to hear that your light is missing. But if all you have is what you have posted so far, I just have this strange feeling that you'll find yourself not only liable for the $200 that you withheld from the contractor but additional fees as may be imposed by the courts (if he takes it to court) and if you're the owner of the house, the county clerks office (to remove the lien). I know it probably doesn't sound right to you but based upon your side of the story, it sounds like you own the contractor $200, regardless of what he offered you for the missing light.
 

tebore

Flashlight Enthusiast
Joined
May 10, 2006
Messages
2,141
Location
Toronto, Ontario. CAN.
As the others have said. The withholding the $200 might be like a good idea. But if they want to play hard ball and be A-holes then you could be stuck with a lien or taken to small claims.

It might seem like a good move to hold those $200 but without hard evidence they can use it against you.

Just stating what might happen if they become {censored}.
 
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Brighteyez

Flashlight Enthusiast
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Apr 5, 2005
Messages
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Location
San Jose, CA
Most contract forms for services include a clause of "plus reasonable attorney's fees" for recovery of payment due. The liability could well be many times the $200 if it is not adjudicated in your favor.

It might be in your best interest to contact one of the neighborhood groups, a legal aid group, some sort of ombudsman, or even a friend or family member that is distanced from the issue to take a look at an objective at the situation before things gets ugly. As you might already know, I'm no fan of internet legal advice, it's not quite worth what you pay for it. ;)

Firebladz said:
I think it will be hard for them to put a lien on the house due to the fact that A: it's such a small ammoutn and B: they might wanna know why 85% of the bill was paid and not the rest and when it is explained they might dismiss it...

I doubt it will go as far as court due to the fact it would cost almost that much and more time and effort, plus it will cost him a whole bunch more in business for him if he turns this into a hassle...

He better open up his eyes and realize he has a much bigger problem if he has theives working for him... Plus from my understanding he can get in a lot of trouble if he has employees working for him with criminal records and is letting them walk into people's home's unaware!
 

Art Vandelay

Flashlight Enthusiast
Joined
Mar 13, 2006
Messages
1,550
I am by no means an expert in this area. Use at your own risk, and with a grain of salt. I think you are probably right, but is it worth it? If you have filed, or will file a police report you might get reimbursed by you homeowners insurance policy. It sounds like you and the contractor are only $150 apart. If he makes trouble, it could easy cost you more. You two probably have a contract. What will you say if you are asked "When you saw the flashlight was missing, what did you do? Did you call the police, or did you look around to the house to see where you had misplaced it.":)
 
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