IMMEDIATE response needed re: arrest warrant for stop payment on check UPDATE POST 20

[Lisa loves Pooh]

This is not about me--but it is about someone I know and I'm being asked to "help" so I'm trying to figure out what can be done aside from me getting ticked off at the genius of the invidual who did this.

So livid---

but okay....

Someone writes a check--large amount--but they are ticked off b/c the check was for work on a vehicle and it was far in excess of what was quoted. Instead of handling it the right way, they get vehicle back, pay with check and later cancel it.

This person got a courtesy call that there is a warrant issued and money must be paid immediately but they offered no specifics on a deadline--just that there is a warrant. This person "claims"--that the state attorneys office refused to comment on this.

So before I loan/give/say goodbye to this money ....I'm trying to figure out how this person goes about validating such matters and how this thing can be "settled" in terms of this person paying what is owed--but avoiding all this crap.

This person definitely owes the money and is pretty upset b/c they "forgot" to take care of it as they said they would (don't get me started!!!). Due to the amount, it is not a civil matter but a legal one.

I'm livid--but I'm also clueless and do not want to hastily kiss my money goodbye to save their rear without knowing what to look into.

So ticked--but does anyone know of the legalities of what can be done and how this person might fix it on their own without being arrested and being sent to jail? Does this person need the full amount?

I inquired if there was any financing options avialable to them to remedy this--and I'm not certain they know b/c of the "criminal" aspect of this.

In any case--while I do not doubt that this person did something so stupid--the nature of the "courtesy call" regarding teh warrant and the immediate request for cash has me very suspect. I.e.--maybe it is the business trying to scare this person.

Certainly the money is owed--but I've never heard of a "courtesy call" prior to arrest or lack of information regarding a firm and final deadline that money is due and a serious lack of details in this "call".

I don't think I'm being snowed over, but I want to make certain this person isn't being snowed over so that everything is done properly and correctly if that makes sense.


If you have made it through all of this confusing text--.

As you can tell--I'm confused!

 

[PolyndianPrincessJes]

Don't lend the money. That's about all I got for ya.

 

[Motherofboys]

I've heard of this happening with large bounced checks, same issue. Checks over a certain $ amount that bounced or cancelled, become a criminal matter instead of just a civil matter.

Yes, the police giving a courtesy call or stopping over and letting the check account holder know that a warrant will be issued - I've heard of that too. Basically the police do not like being used as a collection agency so they will give you a warning to get it taken care of.

Like it or not, the check writer will need to pay the full amount of the check to settle the matter. Have him or her call the call repair place and get the matter settled, perhaps they would agree to a lesser amount but I doubt it.

Good luck, sorry you got pulled into this.

 

[golfgal]

Don't lend the money. That's about all I got for ya.

I TOTALLY AGREE. Stay out of the mess. He created the mess, he needs to deal with it. If he wants to steal car repairs then he needs to pay the price. Quite frankly, he will probably get booked and released on his own recognizance with a trial date set all in a matter of a couple hours.

Do NOT loan/give away the money.

 

[allison443]

I don't understand...this person wrote a check for X amount, put a stop payment on the check, and now is being told to pay X amount.

Don't they still have X amount in their bank account? Did they write a check with insufficient funds in the first place? Why would you have to give them money?

(unless this person is your dh )

 

[Mommee]

How long ago did this supposedly happen? My brother used to own an auto shop and checks were immediately deducted (like a debit, I guess? Not everyone could do it) or not accepted. I also thought he would file a claim against the car if payment wasn't made.

Can said person work out a payment plan directly with the auto place?

If it were me I would NOT loan the money but would offer to research the options only.

 

[Lisa loves Pooh]

I don't understand...this person wrote a check for X amount, put a stop payment on the check, and now is being told to pay X amount.

Don't they still have X amount in their bank account? Did they write a check with insufficient funds in the first place? Why would you have to give them money?

(unless this person is your dh )

Don't get me started...but no it is not my DH. I'd have to have him lynched.


Can't really say much more about it--I'm just trying to figure out the legitimacy of a pending arrest versus if this person is being harrassed by the company they wrote the check to.

I'm sick and tired though of being called though to assist in fixing their foolishness.

I'm tryingto help with research at this point. But I do not know where to look.

 

[PolyndianPrincessJes]

Don't get me started...but no it is not my DH. I'd have to have him lynched.


Can't really say much more about it--I'm just trying to figure out the legitimacy of a pending arrest versus if this person is being harrassed by the company they wrote the check to.

I'm sick and tired though of being called though to assist in fixing their foolishness.

I'm tryingto help with research at this point. But I do not know where to look.

Unless this is your DH or your child, you need to back out of it. You're 25 weeks pregnant!! Take care of yourself...you don't need the extra stress!!!

 

[golfgal]

Try calling the police station in the town where the garage that fixed the car is located. The arrest warrant would be public record so they should be able to tell you if there is one.

 

[Lisa loves Pooh]

Okay--I give up on this person...

They did confirm with the sheriff's office but they refused to speak with this person.

Thanks for your help guys.

 

[laurafergie]

Here in Virginia and I am not a lawyer and do not play one on TV:

The warrant has already been issued? Your friend needs to immediately go to the auto shop with cash, cashier's check or money order and pay. THEN go downtown to the magistrate and show proof that said bill has been paid. If your friend is humble and apologetic, the magistrate will probably dismiss the whole thing. (Because of proof of payment)

If friend can not pay - then he still needs to "turn himself in" because of the warrant and go from there.

 

[Lisa loves Pooh]

Unless this is your DH or your child, you need to back out of it. You're 25 weeks pregnant!! Take care of yourself...you don't need the extra stress!!!

True dat!

Okay--not freakin' out anymore--not my mess!

I'll be stepping away--not 'cause I disagree with y'all--but you provided that help that was needed and I try to stay DIS-light now-a-days on the weekdays.

 

[claudia]

Don't lend the money. That's about all I got for ya.

 

[dislaney]

True dat!

Okay--not freakin' out anymore--not my mess!

I'll be stepping away--not 'cause I disagree with y'all--but you provided that help that was needed and I try to stay DIS-light now-a-days on the weekdays.

Not your mess. I wouldn't want to get involved in it either.

 

[bumbershoot]

If he wants to steal car repairs then he needs to pay the price.

I'd just stop there.

If he didn't keep the money in his account after stopping the check, that is on him. This is not your responsibility. Plus, you're pg, right? You shouldn't be concerning yourself with handing out money to friends/family members...your money is for your family, not for other people who, as golfgal said, steal car repairs.

 

[wdwfan16]

If they had the work done, paid with a check and canceled the check why do you have to pay/loan the money?

Did they write the check and not have the funds to cover it?

 

[Magic Mom]

This is not about me--but it is about someone I know and I'm being asked to "help" so I'm trying to figure out what can be done aside from me getting ticked off at the genius of the invidual who did this.

So livid---

but okay....

Someone writes a check--large amount--but they are ticked off b/c the check was for work on a vehicle and it was far in excess of what was quoted. Instead of handling it the right way, they get vehicle back, pay with check and later cancel it.

This person got a courtesy call that there is a warrant issued and money must be paid immediately but they offered no specifics on a deadline--just that there is a warrant. This person "claims"--that the state attorneys office refused to comment on this.

So before I loan/give/say goodbye to this money ....I'm trying to figure out how this person goes about validating such matters and how this thing can be "settled" in terms of this person paying what is owed--but avoiding all this crap.

This person definitely owes the money and is pretty upset b/c they "forgot" to take care of it as they said they would (don't get me started!!!). Due to the amount, it is not a civil matter but a legal one.

I'm livid--but I'm also clueless and do not want to hastily kiss my money goodbye to save their rear without knowing what to look into.

So ticked--but does anyone know of the legalities of what can be done and how this person might fix it on their own without being arrested and being sent to jail? Does this person need the full amount?

I inquired if there was any financing options avialable to them to remedy this--and I'm not certain they know b/c of the "criminal" aspect of this.

In any case--while I do not doubt that this person did something so stupid--the nature of the "courtesy call" regarding teh warrant and the immediate request for cash has me very suspect. I.e.--maybe it is the business trying to scare this person.

Certainly the money is owed--but I've never heard of a "courtesy call" prior to arrest or lack of information regarding a firm and final deadline that money is due and a serious lack of details in this "call".

I don't think I'm being snowed over, but I want to make certain this person isn't being snowed over so that everything is done properly and correctly if that makes sense.


If you have made it through all of this confusing text--.

As you can tell--I'm confused!

If they were going to take care of it but forgot, why can't they use that money to pay now?


If you are that angry and unsure about it, don't pay and let them face the consequence.

 

[sunnyday123]

Don't get me started...but no it is not my DH. I'd have to have him lynched.


Can't really say much more about it--I'm just trying to figure out the legitimacy of a pending arrest versus if this person is being harrassed by the company they wrote the check to.

I'm sick and tired though of being called though to assist in fixing their foolishness.

I'm tryingto help with research at this point. But I do not know where to look.

They can be arrested. The person they wrote the check to will equate this to theft. If there was a problem with the work, they should have said so before they paid for it instead of being passive-agressive.

Now don't answer the phone anymore, suddenly get a "headache" and go put your feet up.

edited to add: the "courtesy call" from the police is just that...it's foolishness and they don't want to have to spend time arresting someone for this, so they are trying to get them to pay what they owe.

 

[Maridw]

My DD has just gone through this, but thankfully the amount was under $75. Unfortunately we did not get the "courtesy call". In fact we got no warning what so ever.

A week ago Saturday morning a sheriff's office showed up at our house with a warrent for her arrest. She is currently staying elsewhere and the sheriff let us bring her in. She is 26 weeks pregnant. She had received no notice from the store, the sheriff or anything. She had also moved since the original check was written. We had to post bond for her at $200 so that she would not have to stay in jail. My DH is really upset with her. We went to court Friday and was told that they could drop the charges since she did not receive any of the notifications. Since they would have been sent certified and they do not forward certified letters. We got a money order for the amount of the bounced check and the fee and took it back to the public defender that day. We helped out our DD but it was with the stipulation that she pay us back with her tax refund.

If my DH were giving the advice he would tell you to let them face the consequences. If they were unhappy with the work done and the amount of the bill they should have talked to the repair shop. If they had the money to pay the check originally then stopped payment, then where is the money now? They should pay the bill and then talk to the repair shop to see why it was more than the original estimate. They should also talk to a public defender if they can not afford an attorney. I was glad my DH was with my DD & I when we went to court. He told her to go with the public defender and I am glad she did.

 

[Lisa loves Pooh]

UPDATE:

I do not know what will happen, but I told her no. Twice.

This is my mother.


They did call the Sheriff's office and confirm the accuracy of the warrant. It exists for certain.

I'm just sick over how it will reflect on me that I would dare allow my mom to go to jail if they do opt to arrest her.

But I loaned her scholarship money when I graduated from high scohol that I never got back and DH and I had loaned her money several years ago that was never paid back. At the time of that latter loan, DH said it was the first last and only time we would loan no questions ask.

Given her history of not paying us back--I simply cannot trust that she will.

The money is our emergency fund--a small one, but large enough to more than cover her debt.

But I have baby bills and a move to navigate and my own family to take care of.

Since this problem is all about stupidity--I just really do not feel comfortable helping given the very distinct possibilyt that she still hasn't learned her lesson and likely never will.

I do not know what happened to the original money. I just know that when all of this occurred, they had a friend get killed in a motorcycle accident. My mom is extremely flighty and just plum forgot. She then of course went and bought Christmas presents and went on about her life after the mourning period and completely just didn't fix the fact that she cancelled the check.

And what ticks me off--they just bought a flat screen last week that she had on layaway at wal-mart. I didn't have the heart to tell her to return it, but she is within the return policy to get a full refund that would cover a good portion of her problem. You would think she would figure that out. But it is easier to ask me for money than part with an unnecessary gadget that they could repurchase around the time she can allegedly pay me back.

I'm just upset that I was even solicited for a loan and may experience some repercussions of "how could you let that happen to mom" from siblings when she very well caused this whole thing herself.