Legal Question in Consumer Law in New Jersey

Contract problem turned into criminal
my brother contracted with customer to do a custom kitchen for $40,000.00. Was late a month. At the time of the contract he was not licensed-but in the business for 35 years. He is licensed now. After the kitchen was complete customer refused installation and filed criminal charges against him theft with intent to defraud because my brother refused to return his $16,000.00 deposit. We have proofs of innocence and pics of completed kitchen. Prosecutor is asking for receipts for materials to prove where deposit went. Obviously since the kitchen is complete and awaiting installation we feel that should suffice. My brother does not feel he needs to show his costs and profits. The completed custom kitchen should suffice. We found his customer has been defrauding many contractors by refusing payment after jobs have been completed or alleging inferior materials used. We are concerned about providing receipts as we feel they will be used by customer in a civil suit to get the kitchen for free which is what he has told us he wants. Do we have to provide receipts? Isn't the completed custom kitchen sufficient proof that he can't get back his deposit or the kitchen for free.

Asked on 5/07/08, 1:09 am

John Corbett Corbett Law Firm LLC

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Re: Contract problem turned into criminal

Your brother's lawyer should be helping him with decisions such as what to provide in discovery.

My initial impression is that these documents will have to be provided anyway when your brother files suit for the contract price.

See also: http://info.corbettlaw.net/lawguru.htm

Answered on 5/07/08, 8:59 am

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