I am getting ripped off by an auto mechanic, I need to get the car back. I want to pay him for his original estimate, but I want to stop payment on the extra $5,000 he is asking for. I know he can sue me for this, and I say Bring It On, but can I go to jail for this?
2007-12-06 01:53:45 · 21 answers · asked by msbethanna 1 in Politics & Government ➔ Law & Ethics
No...if that were the case, the jails would be more crowded than they already are!!
2007-12-06 01:56:03 · answer #1 · answered by madsmaha1 7 · 0⤊ 0⤋
First thing, never pay a mechanic for work until it's done. They can do things that you didn't ask them to and if they try to charge you, you can refuse it. Also, you want to make sure everything you asked to be done was done correctly. If you have already payed, cancel the check, unless he's already cashed it. If he wants to take you to court then you have to go, but if you have a legitimate resaon then they will take that into consideration. Also, try getting quotes for the work being done from other companies to see if this one is trying to rip you off. That will give you more reason. Good luck!
2007-12-06 02:07:27 · answer #2 · answered by Abby 2 · 0⤊ 0⤋
WOW. What the heck is he doing for 5K? Did you hand him a blank check or something? Auto mechanics are supposed to let you know how much something is going to cost before they do the work. I don't know about going to jail, but if they sue, and you lose, you might have to pay the 5K plus lawyer and related expenses, plus the stop check fee if you don't win the suit.
2007-12-06 01:58:44 · answer #3 · answered by Kat 3 · 1⤊ 0⤋
Pay him for the original estimate and tell him to give the car back with a detailed bill of everything he has done. You can stop a cheque if you have just cause.
2007-12-06 01:57:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, Depending on state & circumstances. Stopping payment on a mechanic's check is considered intentional fraud to deprive him of a mechanic's lien and in many states is a crime.
This is why people should not base their actions on advice from the non-lawyers that populate this site. Their advice is worse than worthless; it is dangerous.
2007-12-06 02:00:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Well if they can't even keep hardened criminals in jail i.e. murderers, rapists, thieves etc and all the other scum of the earth, then I doubt there would be room for an honest citizen not wanting to be ripped off.
Mind you, sods law would probably see you being banged up for this while psychopaths roam free to shoot and attack whoever they like.
2007-12-06 02:04:08 · answer #6 · answered by ♥Miss Inquisitive♥ 5 · 0⤊ 0⤋
You probably would not actually go to jail, but you could definitely be charged with a crime and would then have a criminal record. Writing a check with no intention of making good on it is fraud, plain and simple. Your safest course would be pay the money he is asking for and sue for its return .
2007-12-06 02:50:38 · answer #7 · answered by Brian A 7 · 0⤊ 1⤋
maybe but you'll still have your day in court, no matter what! consult an attorney. i had something similar happen to me but i withheld payment. he brought me to court and i spoke my piece. the settlement was for half. i was slightly mad but it was a decision i lived with. i brought my car into the shop, had an estimate, told him to go ahead and, like you, when it was done not only was the bill higher but he had done unauthorized work. the nerve! do what you have to do, document your side, get a mouth piece if you need to and go from there. good luck!
2007-12-06 02:10:02 · answer #8 · answered by blackjack432001 6 · 0⤊ 0⤋
No you can't go to jail for that. In the worst case scenario, he would get title to the car-a "mechanic's lien". If he is attempting to charge you more than the car is worth to repair said car, then he is the one committing fraud.
2007-12-06 01:59:30 · answer #9 · answered by michinoku2001 7 · 0⤊ 0⤋
No. It is a common thing that people do if they have their checks stolen or if they feel someone has cheated them. You might have to pay a fee to the bank for this service. But you can also ask for legal advice on this.
2007-12-06 01:59:30 · answer #10 · answered by Charles A 1 · 0⤊ 0⤋
Nope. You can stop payment on any check you want. That way the dispute can be settled in civil court.
2007-12-06 02:37:07 · answer #11 · answered by jennyღ 5 · 0⤊ 0⤋