Shoplifting, Larceny, Robbery, Theft cancelled check: theft by deception

[Miller]

I hired a roofer to replace some boards and to Hydro-Stop the roof deck on my home. I paid him $900 before he started. When he appeared at my door telling me that the work was completed, I trustingly gave him a check for the remaining $900. I was shocked when I walked outside. My home is gray, and he didn't bother to have the proper color of paint mixed with the Hydro-Stop. Instead, it is blaring white and slopped over the tabby walls (shells embedded in stucco), wood siding and window frames. I called him immediately. He agreed to pick up a color sample on Monday and to take care of the matter. When he didn't show up, I became nervous. Since his work was incomplete and I hadn't received what I paid for, I called the bank and put a hold on my check. It never occurred to me that I didn't have a right to do this. The man did not contact me again until the following Saturday when he appeared at my door unannounced demanding payment. I wasn't at home, so he spoke with my son. He was rude and threatening. He refused to listen to our grievances, and in a fit of anger, drove his huge truck though my yard and garden killing plants. Meanwhile I had a Hydro-Stop professional inspect his work. He presented me with a list of 8 serious mistakes, told me that my roof will certainly leak in time, and that because the Hydro-Stop was not installed correctly, I am no longer eligible for the 10 yr. warranty Hydro-Stop gives their customers. I am now trying to get an inspector from the Hydro-Stop Co. to inspect my deck and to advise me if and how it can be fixed. I actually phoned my roofer and informed him of this, as I considered the business of services and payment yet unresolved. Later that same afternoon I received a letter from the Magistrate court. The roofer charged me with theft by deception and requested a warrant for my arrest. What can I expect in court, and how can I defend myself? Any advice will be appreciated. - Miller

 

[freedomfighter4]

Sounds like you have a great contersuit

You posted this back in September, what happened, you go to court already?