Arrest Warrant for Chargeback

[Jomo1]

What is the name of your state?New York.

I purchased an item in person in Pennsylvania. After a few days there was a problem with it and the owner had his technician repair it. A few days later the same problem returned. Once again I brought back the item, left it for repair and retrieved it two weeks later. Again, after two days the item had the same problem. I called the owner of the store many times and he was 'never there' and never returned my phone calls. I paid 2/3 of the cost with cash and 1/3 of the cost with my wife's credit card. I contacted my wife's bank and asked them to get back the money that I put on the bank card, which they did. This was $750.

A couple of weeks later I got a call from the local police department in PA saying that they plan on issuing a warrant for my arrest because of the chargeback. I confirmed that the phone number that they called from was from the police department and that the person who called is listed as a police officer. I have not gotten the arrest warrant in the mail as of yesterday.

Please confirm that I can't be found guilty of anything because the bank card is not under my name.
Can they issue a warrant for my wife's arrest?

I suspect that the owner of the store is very friendly with the police but can't confirm this. If in fact this is pure harassment from the police and they do not plan on issuing an arrest what can I do about this legally.

Thank you,
Steven

 

[adjusterjack]

A couple of weeks later I got a call from the local police department in PA saying that they plan on issuing a warrant for my arrest because of the chargeback. I confirmed that the phone number that they called from was from the police department and that the person who called is listed as a police officer. I have not gotten the arrest warrant in the mail as of yesterday.

First thing you have to understand is that if a warrant is going to be issued there is really nothing you can do to prevent it. You can prepare for it by understanding that your ONLY response is to say nothing and invoke your right to an attorney. Watch this video to find out what you risk by trying to explain yourself.

DON'T TALK TO POLICE - Professor James Duane - YouTube

Please confirm that I can't be found guilty of anything because the bank card is not under my name.

Doesn't matter whose name the card is under. It's your name that was given to the police as the doer of the deed.

Can they issue a warrant for my wife's arrest?

Can they? I suppose they have that ability. But somebody might have the sense enough not to.

Have your wife watch the video with you so she also knows to say nothing and invoke her right to an attorney if a warrant occurs.

I suspect that the owner of the store is very friendly with the police but can't confirm this. If in fact this is pure harassment from the police and they do not plan on issuing an arrest what can I do about this legally.

I suggest you immediately determine how to file a written complaint with the chief of police, to that effect, and name the officer that called you. If the officer did call you as a favor to his friend, he will learn quickly what the consequences are to his career.

Meantime, what most people don't understand is that when a bank does a chargeback, it doesn't mean that you don't owe the money. You can be in breach of contract with the seller of the item and be sued for it.

The trouble with chargebacks is that people do it because they don't want the hassle and/or cost of going to court for their remedy and they mistakenly think that a chargeback is the end of it. Well, it obviously isn't the end of it, as you are learning now.

 

[Ohiogal]

So basically you stole something as you still have the item. And your wife is blessed to have you since you seem to want her to have an arrest warrant instead of you.

 

[adjusterjack]

I wouldn't be so quick to vilify the OP. The seller still has $1500 of the OP's money.

Though it would be a good idea for the OP to take the item back to the seller and try to work it out face to face.

 

[quincy]

If you still have the item, you should return it for a refund. You should have asked for a refund after the second failed repair.

The dispute over the item you purchased is a contract issue and should have been handled that way. The store owner should not have reported the chargeback to the police.

That said, your wife has to deal with what is and not with what should be. She should speak to an attorney to handle the threat of the warrant. A complaint to the police department seems appropriate.

 

[Zigner]

This sounds very suspicious to me. This is a civil matter...there really is no reason for the police to be involved.

 

[quincy]

This sounds very suspicious to me. This is a civil matter...there really is no reason for the police to be involved.

Agreed.

It sounds like the store owner asked a favor of a police officer friend and the police officer friend granted the favor.

The threat of arrest seems entirely unwarranted given the facts as described.

 

[Jomo1]

So basically you stole something as you still have the item. And your wife is blessed to have you since you seem to want her to have an arrest warrant instead of you.

This is not true at all. The store owner had ALL of my money and I have a defected piece of stereo equipment. I was willing to work things out but the seller refused to communicate with me. Sure, I should have gone to civil court but I did take the easy way out. In the end, I paid the correct amount. The seller could have disputed the chargeback to my wife's bank. If he'd have won, then the small claim action would have taken place.

 

[Jomo1]

This sounds very suspicious to me. This is a civil matter...there really is no reason for the police to be involved.

Yes, of course this is a civil matter. The seller could have disputed the chargeback to my wife's bank. If he'd have won, then the small claim action would have taken place.

 

[Jomo1]

So basically you stole something as you still have the item. And your wife is blessed to have you since you seem to want her to have an arrest warrant instead of you.

Who said I want my wife to have the arrest warrant instead of me?

 

[quincy]

Yes, of course this is a civil matter. The seller could have disputed the chargeback to my wife's bank. If he'd have won, then the small claim action would have taken place.

What does your sales agreement with the store say about returns and refunds? When you took the stereo equipment in to be fixed, did you ask for a replacement or a refund?

Your problem seems to be that you dealt with your contract improperly. The store, likewise, has dealt with the contract improperly.

 

[cbg]

Um, let's give this a bit of logical thought.

How often do you think people who are REALLY about to have an arrest warrant issued for them are given advance notice of that fact? Giving them plenty of opportunity to avoid it?

As opposed to a friendly cop doing a favor for his buddy and throwing a good scare into someone the buddy has a grudge against?

Quit panicking. You're playing right into his hands. That's what he wants you to do.

 

[Jomo1]

What does your sales agreement with the store say about returns and refunds? When you took the stereo equipment in to be fixed, did you ask for a replacement or a refund?

Your problem seems to be that you dealt with your contract improperly. The store, likewise, has dealt with the contract improperly.

How did I handle the contract improperly? I sincerely tried to work with the merchant. He was the one who walked away from our contract. I never let anyone bully me like he did and asked the bank to do a chargeback.

 

[Jomo1]

Um, let's give this a bit of logical thought.

How often do you think people who are REALLY about to have an arrest warrant issued for them are given advance notice of that fact? Giving them plenty of opportunity to avoid it?

As opposed to a friendly cop doing a favor for his buddy and throwing a good scare into someone the buddy has a grudge against?

Quit panicking. You're playing right into his hands. That's what he wants you to do.

Trust me, I am not panicking. I just came here to ask if a warrant was possible. I will fight this all the way whether it turns into a criminal matter or I file a civil suit against the store owner for failing to fix my tape deck. My wife, in my opinion, doing a chargeback has nothing to do with the contract between me and the store owner and hence a civil case will commence. As far as the cop goes, if I don't receive a warrant for my arrest, I will go after him for intimidating me. The hell with that cop! Also, please don't call the cop a friendly cop--he is just a thug!

 

[quincy]

How did I handle the contract improperly? I sincerely tried to work with the merchant. He was the one who walked away from our contract. I never let anyone bully me like he did and asked the bank to do a chargeback.

You reversed charges on the credit card after accepting the product.