Consumer Law, Warranties Boat Repair with Contract

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tripletfabs

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My jurisdiction is: New Jersey/USA

Customer contacted our business for repair. Customer said to fax estimate to boat insurance company. Insurance company paid customer for our estimate and asked us to begin work. Began work with $1,000.00 deposit. Once arch completed we asked for remaining deposit of 1/2 of cost which is another $1,407.50.. Would not pay. Customer contacted Better Business Bureau 3x's and closed complaint each time due to customer not abiding by proposal. Customer called police in (2) different townships locally and was told to pay bill. Customer called NJ Dept Consumer Affairs and they came to mediate. If bank check for full remaining balance of $3,815.00 be submitted to Affairs to hold, would we install? Consumer Affairs visited place of business verified arch was of good quality. We agreed to install if customer was not present due to harrassment and they held check. Customer was present and called Consumer Affairs to verify he was satisifed. Following day he called and said he was not satisifed and it rubbed his canvas which he did not state the day before.
No further investigation was done and check was immediately sent back to
customer. Customer never attempted to pay and boosted to area people that he would be deployed and we would not get paid. We filed in municipcal court theft by deception charges and went to court this week. Customer faxed court that morning that due to his deployment he would not be in court and we were there with (5) witnesses. Court said they would revisit it in 2010 upon his return. Boat is in both he and his wife's name. Can we go to special civil and file without him in country? Can a lien be filed with Dept. Motor Vechicle. Contract signed.
 
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