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An American Homeshield Plumber causes water damage to my…

An American Homeshield Plumber...

An American Homeshield Plumber causes water damage to my home with a water heater install. I stopped payment on installation cost that AHS does not cover with install. I stopped payment because the plumber is stating that water overflow was cleaned up and there was no remaining damage. But there’s visible proof of water damage. Plumber said that my stopping check payment is illegal and theft of sevices. If he truly damaged my home was my action illegal?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

TX

Lawyer's Assistant: Has anything been filed or reported?

Sorry, I lost connection. Are you the the asst I asked the AHS Plumber question?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Please reconfirm you are the asst I sent initial question on stop check payment question

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Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 22 minutes by:
3/7/2018
Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

did you sign a contract for the work?

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below is the definition of theft of services

as you can see, it is a intentional or knowingly intent to act

you did not do that, you have no problem paying as long as they did it correclty

(a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation:
(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token;
(2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other’s services to the actor’s own benefit or to the benefit of another not entitled to the services;
(3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or
(4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment.
(b) For purposes of this section, intent to avoid payment is presumed if:
(1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments;
(2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment;
(3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; or
(4) the actor failed to return the property held under a rental agreement:
(A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; or
(B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more.

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Customer reply replied 1 month ago
Below is my text response...Phil- I understand that accidents happen, that is why you company is insured & bonded for any unfortunate accident & liable matters. I need you to stand behind your company's accidentally error and quickly resolve matter. Based on your initial feedback regarding matter, you left me with no position but to stop check payment. I will honor payment once we resolve my home water damage issues. I'm going to be in meetings balance of day, but will be available after 5pm to discuss & align on Next Steps to resolve my Home damage. Mike
Customer reply replied 1 month ago
Here’s his reply...
Payment for the work completed is a separate issue and by stopping payment is theft of service and theft by check. If not repaid immediately you leave me no choice but to file criminal charges.
A for the water damage your claiming, I would like to see it for myself first before I make any decisions.
You are also responsible for the $30 fee as per our contract.
I understand your concerns and will continue to discuss the water damages. However, payment for the work performed is a separate matter and will be dealt with as so.How do I reply?
Customer reply replied 1 month ago
Did you receive my text exchange with the DFW AHS Plumber?
Customer reply replied 1 month ago
If so, what is your recommended response?

again reiterate that you are ready willing and able to pay for the work done as long as the work was done properly

take up his offer to inspect the damage that you are saying was done by his employees

when he gets there and a decision is made regarding the damage you will make an arrangement to pay the balance

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if the work was not completed pursuant to the contract then payment is not due and that is not a crime

theft is an intent based crime and you have no intent to not pay it was based on his damage to your home

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Customer reply replied 1 month ago
Thx!

I think this case be worked out with both parties happy

good luck

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Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified
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Satisfied Customers: 1,377
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