warrant for arrest over unpaid oil change??

[Arielmoon]

About a month ago i went to a car wash and got a wash and an oil change to make the story short the car wash people give u a ticket then u take it inside to cashier pay and she then gives u a card which u will give the washer when theyre done That lets them know u paid and they release ure car back to u so u can go. Well this is how it worked out for me. I paid left got to work and then the car girl calls me back from the car wash said the forgot to charge me for the oil change if i could come back. I agreed to come back after she told me she would discount what they had already charged me from the total so i would just pay the difference. Since i was to get a free car wash with the oil change and they charged me instead for the wash. When i finally went back to pay them the manager then refused to discount me what was agreed and said i had to pay for the total i told him i would pay what was fair and he refused said he would call the cops on me if i didnt. I told him to go ahead because i wasnt going to pay that amount i then left back to work.
Today i received a call from the police department from a detective telling me that i had to go back and pay or he would transfer my case to.the DA and i could get a warrant for my arrest.
I just really dont know how to go about this.. its not fair that i have to pay them extra for their mistake of not charging me correctly to begin with...
Anyone have any advice for me on what to do??

 

[fredrikklaw]

Warrant for what exactly?

Warrant for Your Arrest? You have got to be kidding me, right?

Well, just tell them to go ahead and do it and you will sue the entire police department as well as the District Attorney's for their all too well known strong arm style law enforcement, and tactics, which I must admit, it pays dividends for the brass as most people just fold over and comply with whatever nonsense that is spewed by the police et al.

Let me be clear on one thing though; police orders should of course be complied with at all times and I personally have a tremendous amount of respect for the shield, but I draw the line at scare mongering and making things up just because for the hell of it which is what your situation comes under.

First and foremost, you did not get service and run; it was the store's mistake and I cannot stress the point enough that you had no legal obligation to go back after they called you as it was their mistake and theirs to live with. But you exercised good social skills and went back only for them to slap you in the face and renege on their offer of discount. I would write a letter to that two-bit so-called manager to tell him that his calling the police was unwarranted under the circumstances since the dispute was a civil question of law and not a criminal one and that if he persists with his criminal complaint, that you will sue him for malicious prosecution. PERIOD! But you should also mention that he is welcome to pursue a civil remedy if he wishes.

As for the detective who called to order you to go back and pay or else the D.A. will be notified and a warrant issued; well he is either smoking some real good stuff, has never been called on one of his bluffs, or must be a kindergarten cop as he has no idea about what is involved in obtaining a warrant and he has made it sound like the D.A. can issue a warrant on his own authority, just like that.

Well, a warrant is issued by a Judge and a judge only who will sign what the D.A. has prepared which is a document prepared on what the Fourth Amendment to the U.S. Constitution calls "oath and affirmation) setting out exactly the reasons why a warrant for either search, seizure, or arrest (or all three) should be issued for which probable cause exists.

And the grand indication that this is nothing but hot air on the part of the police is that he said he "…will refer the matter to the D.A. and a warrant issued…!" If he is so adamant about the merits of this case, why does he not obtain the warrant himself? He can spend three days writing out oath and affirmation and then go in front of a judge to obtain an arrest warrant, which judge will laugh him out of court for wasting the judiciaries' time with such garbage.

The morale of the story here is this: NOTHING IS GOING TO HAPPEN! NADA; ZIP. Because this is at best a civil matter and not a criminal one for the reasons I have stated above, on the basis of which you should take the bull by the horn and contact both the car wash manager and the detective, or better still, his captain or sergeant and don't be shy to go all the way to the office of the Chief of Police.

And no, it is not easier said than done and I never preach what I do not practice myself. Five years ago I went to see San Diego Police Department's top man, otherwise known as Chief Lansdowne who received me in his office in full brilliant uniform, sat me down and asked me to tell him what my gripe was, which I did in exactly 12 minutes. After which he said "leave it to me; it shall be taken care of." And God love him, take care of the matter he did.

Don't let them scare you, stand up to them and talk reason and reason shall prevail. I have no doubt!

fredrikklaw

 

[army judge]

About a month ago i went to a car wash and got a wash and an oil change to make the story short the car wash people give u a ticket then u take it inside to cashier pay and she then gives u a card which u will give the washer when theyre done That lets them know u paid and they release ure car back to u so u can go. Well this is how it worked out for me. I paid left got to work and then the car girl calls me back from the car wash said the forgot to charge me for the oil change if i could come back. I agreed to come back after she told me she would discount what they had already charged me from the total so i would just pay the difference. Since i was to get a free car wash with the oil change and they charged me instead for the wash. When i finally went back to pay them the manager then refused to discount me what was agreed and said i had to pay for the total i told him i would pay what was fair and he refused said he would call the cops on me if i didnt. I told him to go ahead because i wasnt going to pay that amount i then left back to work.
Today i received a call from the police department from a detective telling me that i had to go back and pay or he would transfer my case to.the DA and i could get a warrant for my arrest.
I just really dont know how to go about this.. its not fair that i have to pay them extra for their mistake of not charging me correctly to begin with...
Anyone have any advice for me on what to do??

In the end, you might prevail.

But, you might lose more than a few dollars.

No matter what, if you don't pay, it'll cost you a mountain of inconvenience, humiliation, shame, and embarrassment.

You'll be arrested, you might have to post bond, you'll see a judge, you'll need a lawyer, and while you wait; these devils will control your life.

You could lose your job, and you will lose time with court appearances.

It isn't worth the stress.

Why not pay them the extra 20 to 50 bucks they demand, and this'll all be washed away!

Trust me, you do NOT want to TANGO or TWO-STEP with the fascist state and their "criminal INJUSTICE gestapo!!!!!

 

[Arielmoon]

Thank you very much i really appreciate it! Only im now a bit confused because you say nothing will happen but amy judge says it will... so just trying to figure things out.. you really think ill be ok.. ?? i will definitely go down to the police station and speak with his captain and amy really its not even about the money anymore its the principal and its about doing whats right even if it will cost me more at the end.. but why do you think i could get arrested?

 

[mightymoose]

You are incredibly unlikely to be arrested because it is not a criminal matter... at least not as you describe it.
Civil law is different though. If you received a service you did not pay for you may ultimately be ordered to pay. Add in legal fees you accumulate along the way and you pay far more than you would have if you had just paid for the service.
They don't owe you a discount. A fair price is the advertised price you originally intended to pay when you went there.
You should be happy you got your car back without paying. You can end it all real easy by paying for the oil change.

 

[CdwJava]

Arguably, this could be charged under PC 537 (often referred to as "defrauding an innkeeper). When you went chose not to pay for services rendered this may well have entered into the criminal realm. Whether the local DA will charge on this or not is something no one can answer. But, as MM suggested, you might avoid a lot of consternation and even an arrest if you simply pay for the oil change.