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    josh01's Avatar
    josh01 Posts: 12, Reputation: -1
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    #1

    Nov 9, 2009, 06:52 AM
    What can I do by law?
    My husband and I own a remodeling business in Jacksonville Fl. We had a client breach a contract. Upon his breachment, we turn over the contract to our corporate attorneys. Upon their review, it would cost more to fight than just to let it go, so we let it go. Within two days, on a Sunday, October 4, this client showed up at our residence. He must have looked up on address on the internet, we have a store front and do not invite clients to our home. He stood behind our front door in a manner that you couldn't see who it was. When I open the door he walked directly into our home. My husband demanded that he leave our home. Our children were home and we did not wish to speak with him. We informed him that we would be more than happy to discuss this on Monday at our place of business otherwise consult our attorney, but get out of our home. He would not leave until my husband threaten to contact the police to have him removed. He finally left.
    On the following Thursday, October 8th, my husband and I were awoken by the JSO officers banging on our door at 5am in the morning. There were apparently arrest warrants for both of our arrest. We asked what the charges were and were informed that it was uttering forged checks by the client above. The client in question, filed a report saying that we stole checks from him and cashed them. The checks were cashed over 30 days prior to this report. They were also the last checks HE wrote our business for materials and labor per the job and contract. THEY WERE NOT STOLEN. We informed the officers of this but to no avail. Arrest were made and off to jail we went. In front of our children I might add. Bonds were made and we were released. ($1000 per person and $2000 attorney fee for advise) Upon being released we retrived copies of all checks given to us by this client. All handwritings matched. They were not stolen and it was very obvious. The States Attorney dropped all charges and dismissed the case within 24 hours. Since this has happen, this client has went back to the police and filed two more reports stating burglary to his home, and grand theft, accusing us of both. All in which have been dropped prior to any court dates or hearings or arrest warrants again, thank God. We found out later that the original report was made the day after we asked him to leave our home.
    This client is obviously upset that the contract was breach and let go. He is the one who breached the darn contract.
    We have been humiliated in front of our children, family and our business customers due to this. We have never been in any trouble before and I am just sick beyond belief over all this. What emotional affect its had. I can hardly sleep at night in not knowing what other charges he may think up, and what the JSO officers are going to believe then dropped the next day. What if JSO knock on my door at 5am again. I am totally freaked over all this.
    There has to be something we can do? I found out that filing false charges in only a mismendor and barely ever gets any action. Can someone please help me by telling me my best recourse action is on this. Its not even the money as much as the principal fact, I want this person to be as scared and humiliated as we were.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 9, 2009, 07:04 AM

    First, when he showed up at your home and refused to leave, you should have dialed 911 IMMEDIATELY. Even if he left, you should have filed a police report maybe, even charging him with trespassing.

    But that's water under the bridge.

    You need to file suit against him for slander and/or libel. Your attorney may have been correct that it was not worth suing over the contract, but this has escalated. At the same time you should request a restraining order against him.

    I would also have a talk with the local police commander and/or prosecutor. I can understand their need to take his first complaint seriously, but you want to make sure the police understand this is now harassment and that there is pending litigation against this guy. I think that will forestall issuing any arrest warrants.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 9, 2009, 07:09 AM
    Quote Originally Posted by josh01 View Post
    There has to be something we can do? I found out that filing false charges in only a mismendor and barely ever gets any action. Can someone please help me by telling me my best recourse action is on this. Its not even the money as much as the principal fact, I want this person to be as scared and humiliated as we were.
    Hello josh:

    Of course there's something you can do. But, filing CRIMINAL charges ISN'T it. As you can see, it doesn't punish him, and it doesn't reward you.

    You SUE him for filing false charges. You might even sue the COPS too, because they need probable cause to make an arrest. Having a guy COMPLAIN to them ISN'T enough either. They need to do a modicum of investigation first, and apparently they didn't do that.

    There's probably more to this story, but from what you've said, you have a GOOD case. Go see an attorney, TODAY.

    excon
    josh01's Avatar
    josh01 Posts: 12, Reputation: -1
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    #4

    Nov 9, 2009, 07:25 AM

    Thanks for your answers. We have an appointment with an attorney this week.
    We also found out that the "investigating" officer that the complanit was originally filed went on vacation in the same day arrest warrants were issued. Amazing huh. There was NO investigation ever completed.
    I wish there was more to the story, I feel like a lifetime movie.
    josh01's Avatar
    josh01 Posts: 12, Reputation: -1
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    #5

    Nov 9, 2009, 07:33 AM
    2nd part of What can we do by law?
    Did I mention that the original complanit was made and the officer whom took that complaint went on vacation in the same day and turned the complanit in for warrants before he left... I wish there was more to the story, I feel like a freakin lifetime movie...
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    Nov 9, 2009, 07:33 AM

    Hello again, j:

    I'd STOP talking to the cops, or your movie might not have a happy ending... They have been known to retaliate.

    excon
    josh01's Avatar
    josh01 Posts: 12, Reputation: -1
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    #7

    Nov 9, 2009, 07:36 AM

    That would not be good. Thanks for the advise. I know nothing about all this stuff. I am learning pretty quickly

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