Death threat

[lucien2015]

Hello all, i have a  question. How long does it take to prosecute  a death threat case in France?  Out contractor messed up the job. He had 3.5 months and plenty of money from us to redo the bathroom. He did not finish it by the time we arrived.  He does not have any insurance.   We held some remaining payment until all the issues cleared up.  It turned to be - he was not a plumber, he played with out heater  for an hour and eventually broke it.  We need to fix orcreplace the heater. He insisted on immediate payment in cash or check. He threatened to kill us if we  do not pay right away.  He yelled that he made  duplicates of our keys,  and someone can get into out apartment  at night to kill us. Or someone  can meet us  on the staircase of our building...  He grabbed and  threatened  my husband with a hummer. I wish I videotaped that but I had no chance. Everything  happened  very quickly.  We went to the police and filed the report immediately.   My question  is how serious  this offense is? Do I need an attorney to represent me as we live in the United States.   Do I need to be present in the French  Court? Any input will be greatly appreciated.  Thank you. 

[Lehaut]

Out of interest, is the chap you hired French or British?

[lucien2015]

1 hour ago, Lehaut said:

Out of interest, is the chap you hired French or British?

Moldovan (Russian speaking)

[Lori]

It seems to me all of your questions should have been asked to the police when you filed the complaint. 

What department is this in ?

Are you currently in France ?  If so, perhaps go back to the police and pose your questions.  Write down any additional questions so you won't forget to ask them.

I'm confident attorneys can be hired under these circumstances, but I've never had to go that route.

Did you determine if your French insurance on your home has protection juridique ?  If yes, that would be the place to begin.  If not, I would contact a Huissier to discuss what options they can offer.  They will often speak with you initially (for around 30 minutes) to discuss your case free of charge.

Get the locks changed on your home as soon as possible.

[anotherbanana]

Lori is right here; I dont think you need a lawyer at this point but should ask these questions of the gendarmerie who may guide you. One problem is that you seem to have employed an unregistered plumber, itself illegal,  who may even be illegal in France. Secondly you have no proof of any of your allegations so it is only your word against his. If interviewed he can deny everything and even maybe accuse you of something. As I see it, the best you can hope for on what you have said is that he will be interviewed and warned by the police.

How long it will take to sort will depend on the evidence and how seriously it is viewed as French prisons are full; but I guess he will be remanded if he admits to threats of violence.

[lucien2015]

40 minutes ago, Lori said:

It seems to me all of your questions should have been asked to the police when you filed the complaint. 

What department is this in ?

Are you currently in France ?  If so, perhaps go back to the police and pose your questions.  Write down any additional questions so you won't forget to ask them.

I'm confident attorneys can be hired under these circumstances, but I've never had to go that route.

Did you determine if your French insurance on your home has protection juridique ?  If yes, that would be the place to begin.  If not, I would contact a Huissier to discuss what options they can offer.  They will often speak with you initially (for around 30 minutes) to discuss your case free of charge.

Get the locks changed on your home as soon as possible.

Alps - Maritimes.  We have Protection Juridique (for many years)   We have changed the locks right away  based on the police recommendation. Thank you for your input. 

[Lori]

Excellent, if you have Protection Juridique, contact them ASAP.

As anotherbanana has noted, hiring an unregistered contractor is illegal, so your Protection Juridique MAY not cover you based on that fact.  However, they will advise you either way.

Good that you've had the locks changed.

Human nature can go in all directions.  Hopefully this guy is just full of hot air.  However, no one really knows and he sounds like a real ****.  Get local references next time - and check them out.

As far as proof of your case, you'd have to provide the written devis, photos of the problems, written descriptions of the problems.  How they differ from what is written on the devis.  And perhaps more. 

After contacting your insurance company, if they determine your tradesman is operating illegally and they cannot assist you, contact a Huissier privately to get their advice.

 

[lucien2015]

19 minutes ago, anotherbanana said:

Lori is right here; I dont think you need a lawyer at this point but should ask these questions of the gendarmerie who may guide you. One problem is that you seem to have employed an unregistered plumber, itself illegal,  who may even be illegal in France. Secondly you have no proof of any of your allegations so it is only your word against his. If interviewed he can deny everything and even maybe accuse you of something. As I see it, the best you can hope for on what you have said is that he will be interviewed and warned by the police.

How long it will take to sort will depend on the evidence and how seriously it is viewed as French prisons are full; but I guess he will be remanded if he admits to threats of violence.

He has a registered building company with SIREN etc. However,  he performed some plumbing job in front of us and broke our heater. There was a  water leak from the tower dryer. The toilet malfunctioned. We hired a plumbing company to fix these things. They told us whoever did the job had no clue.   I don't think he has an appropriate  plumber license.    He  also refused to give us his builder insurance. 

[lucien2015]

5 minutes ago, Lori said:

Excellent, if you have Protection Juridique, contact them ASAP.

As anotherbanana has noted, hiring an unregistered contractor is illegal, so your Protection Juridique MAY not cover you based on that fact.  However, they will advise you either way.

Good that you've had the locks changed.

Human nature can go in all directions.  Hopefully this guy is just full of hot air.  However, no one really knows and he sounds like a real ****.  Get local references next time - and check them out.

As far as proof of your case, you'd have to provide the written devis, photos of the problems, written descriptions of the problems.  How they differ from what is written on the devis.  And perhaps more. 

After contacting your insurance company, if they determine your tradesman is operating illegally and they cannot assist you, contact a Huissier privately to get their advice.

 

He has a registered company. I verified that. Thank you for your advice about our insurance company. I will contact it right away. I have the Devis and all the pictures. I also have repair receipts  from other companies.

[lucien2015]

21 minutes ago, Lori said:

Excellent, if you have Protection Juridique, contact them ASAP.

As anotherbanana has noted, hiring an unregistered contractor is illegal, so your Protection Juridique MAY not cover you based on that fact.  However, they will advise you either way.

Good that you've had the locks changed.

Human nature can go in all directions.  Hopefully this guy is just full of hot air.  However, no one really knows and he sounds like a real ****.  Get local references next time - and check them out.

As far as proof of your case, you'd have to provide the written devis, photos of the problems, written descriptions of the problems.  How they differ from what is written on the devis.  And perhaps more. 

After contacting your insurance company, if they determine your tradesman is operating illegally and they cannot assist you, contact a Huissier privately to get their advice.

 

Thank you so much!