Am I responsible for legal fees if I dispute a charge that I was overbilled for?

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Am I responsible for legal fees if I dispute a charge that I was overbilled for?

I have a billing dispute with a vendor who processed payment with VISA on file. I believe the error is clear cut ($60 vs $900) but my vendor disagrees and is ignoring my phone calls. The credit card authorization sheet that I signed reads, “If credit card company refuses to pay…for any reason I acknowledge to pay the amount plus any legal and collection fees”. Should I dispute the charge and let it go to small claims or pay the charge and take them to small claims myself.

Asked on February 21, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Depending upon the situation that may result due to the dispute over the Visa card, if the credit card company prevails against you in a lawsuit, the court in its discretion may award it its reasonable legal fees against you from what you have written. However, should you prevail, then you should be entitled to your reasonable attorneys fees if you have an attorney representing you in the dispute.


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