Falsely accused of theft on a job

[Claireabell]

What is the name of your state (only U.S. law)?
Arizona -

I was falsely accused of taking some patio furniture by the tenant of a homeowner while I was installing an air conditioner on the house. The tenant called and threatened to cause me trouble if I did not pay him $1200 for each of the 2 chairs. He filed a complaint with the registrar of contractors that was dismissed and has now filed a case against me in small claims court. He sent a lengthy poorly written letter to the contractors bureau that contradicts his claim and states he did not buy the chairs himself and is just estimating their value, he admits he did not see me take the chairs but that he is sure I brought chain cutters to the job and must have loaded them into a pickup (the chairs are all chained down in the photos and we do not own a pick up.). Does he have a case and what should I do to prepare myself for court?

 

[Antigone*]

What is the name of your state (only U.S. law)?
Arizona -

I was falsely accused of taking some patio furniture by the tenant of a homeowner while I was installing an air conditioner on the house. The tenant called and threatened to cause me trouble if I did not pay him $1200 for each of the 2 chairs. He filed a complaint with the registrar of contractors that was dismissed and has now filed a case against me in small claims court. He sent a lengthy poorly written letter to the contractors bureau that contradicts his claim and states he did not buy the chairs himself and is just estimating their value, he admits he did not see me take the chairs but that he is sure I brought chain cutters to the job and must have loaded them into a pickup (the chairs are all chained down in the photos and we do not own a pick up.). Does he have a case and what should I do to prepare myself for court?

Take the evidence you have from the contractor's bureau and just be prepared to deliver a well-thought out defense. I would definitely ask to see the police report he filed as well as copies of any claims he field with his insurance company. In addition I'd also ask if the chairs were made of gold

 

[Claireabell]

This is stressful and so out of left field, thank you for the good advice!

 

[latigo]

Well perhaps it is time to lay a little ”stress“ on this jerk.

Given that your representations here are true in that the tenant/claimant published a written communication falsely accusing you of larceny you have adequate grounds for a tort action for libel as well as malicious prosecution in the filing of the civil action.

However, if you wish to pursue it, you definitely need to consult and retain an attorney to file a counterclaim on your behalf. Because the small claims division lacks jurisdiction over suits for defamation by libel and slander (Arizona Revised Statutes 22-503(b)(2) the case will be removed to either justice court or superior court depending on the amount you claim as damages.

Your attorney will explain to you the difference between libel per quod and libel per se and that that defamation here constitutes libel per se and does not require the proof of special damages. Plus it may be that a prayer for punitive damages is in order.

Also I note that the tenant claims not to have bought the patio chairs. Is that to suggest to us that he did not own them? Because if he didn’t, then his he is not the real party in interest and his civil claim - once removed out of small claims division - is subject to summary dismissal by appropriate motion and/or summary judgment based on his admissions to the contractor’s bureau.

Obviously this will involve some outlay of cash on your part, but under the circumstances where your personal and professional integrity have been so maligned to let it go and not take legal recourse could be perceived as an admission on your part.

 

[Claireabell]

Let me clarify,
His complaint to the Registrar of Contractors says he bought the chairs used from someone else and that he has no receipts or paperwork to show their original value. On a side note the brand he says they are went out of business in 2007, they used to make furniture for Walmart (certainly not made of gold .