Legal Question in Credit and Debt Law in New Jersey

Re: theft of service

I cannot tell whether he has filed a criminal complaint against you (theft of service) or whether he is suing you in civil court for the amont alleged to be due and owing. In the criminal court, he would need to prove "intent", which is apparently absent here because you would pay, as offset by the value of the cleanup. If in civil court, it is a simple matter of filing a counterclaim. In any case, you need a lawyer. This advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: theft of service

Assuming that he is referring to a civil complaint for damages (that is, the amount he quoted you for the job), it appears that you may have a legitimate offset and/or counterclaim against him for the cost of cleaning up his mistake plus any other resulting damages that you have sustained.