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Can I file criminal charges for this?

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aw6196

Junior Member
What is the name of your state? NJ

Trying to keep this to the point, but will provide more details if needed:

A contractor destroyed my property while performing a service. Afterward, he agreed to come back and fix. I felt suspicious, so to protect myself, I put a 'stop payment' on check to make sure he came back. I also called them the next day and asked them not to deposit the check until they fixed the damage (they gave me no commitment).

Ten weeks after the incident, instead of fixing the damage, he filed a criminal compaint against me. First, he told police that I wrote him a 'bad check' (a lie). We proved that was not the case (the police subpoenad our bank account). Next, the compaint was changed to 'theft of service" (which I had never heard of before this). All this, and the compaint was accepted in the wrong jurisdiction as well (where he lives instead of where we live/where the service was performed)!

I have just received his written statement from the police, and he is saying that "I agreed to allow him to damage property" (obviously a lie). I have a witness who will verify he is not telling thr truth, and they will be with me at court. I have also placed a small claim against him (in the proper jurisdiction) -- but this is a CIVIL complaint, not a CRIMINAL one and I don't think that will do anything for this case.

My question is, can I file criminal charges against him for lying to the police in order to get them to accept the complaint? It 'feels' like he is trying to bully me into paying the fee, while sticking me with the bill to repair the property (which incidentally is more that the original charge for his service). Is this harrassment, libel, slander, defamation, or anything else that I have a legitimate criminal claim?

I feel like I have been bullied, and I would like to return the favor in any legal way possible.

Thanks -
 


seniorjudge

Senior Member
Q: My question is, can I file criminal charges against him for lying to the police in order to get them to accept the complaint?

A: Yes, but they may tell you: "...This is a CIVIL complaint, not a CRIMINAL one...."
 

aw6196

Junior Member
A: Yes, but they may tell you: "...This is a CIVIL complaint, not a CRIMINAL one...."
Thanks. Well, the CIVIL case I have filed against him is for the cost to fix the damage he did to the property (which came to more than his original charge - otherwise, we would have paid him the remining balance).

Are you saying I CAN file a claim against him in CIVIL court but not CRIMINAL court for harrassment or something like that? And if so, can you guide me as to what my claim would be exactly.

Also, since he filed in the jurisdiuction where he lives, does that mean we can file in the jurisdiction where we live? I am confused as to how they even accepted the complaint unless I minsunderstand how jurisdictions work.

Thanks -
 

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