If I refuse to pay a bill that is given to me by a mechanic, and I have good reason not to. Can he call the police and have me arrested for it, or would he have to take me to court?
I know if I go in front of a judge and explain to him/her what happened the judge will side with me, but I would rather make the mechanic try and bring the lawsuit against me, rather than me have to bring the lawsuit against him. By the way this is in Minnesota.
Cindy B2009-11-03T11:01:29Z
Favorite Answer
Probably he cannot have you arrested for failure to pay your bill, but he can sell your car.
If you already have your car he can sue you.
If you gave a check for payment then canceled the check, or if it was on a closed account, or nonsufficient funds, then there might be grounds for a criminal charge. The prosecution would have to prove that you intended to commit fraud when you paid with a check that was no good, or that you stopped payment because you wanted to get free work done.
Anyone can call the police. However, if there's a bona-fide dispute then it's a civil matter, and the cops will tell you that.
I don't know where you are, but around here your car would not leave the shop until the bill was paid, so you'd have to be the one bringing the suit, since you would need to pay the bill just to get the car back, and then sue for your money back.
one question if a mechanic gives you a bill that implies that you came to him for a service on something....if you dont pay i doubt you will get your car, computer ect. back until you do pay up....so go to the courthouse and file a civil case against him/or her first.
also if you take your possession back w/o paying the mechanic it could be a criminal charge...
i.e....you would never go to subway, order a sandwich, have it made, and run out and not pay would you??? so dont do that in this case either. judges always like good citizens over poorly behaving people
I believe that he can call the police but they will only tell you to settle it in court. So all in all you will end up taking the case to court anyway. Be the first to act. In other words take him to court for the reason that you have, don't let him take you to court.