Can I be billed, and should I be expected to pay for, a book that I neither ordered or received?

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Can I be billed, and should I be expected to pay for, a book that I neither ordered or received?

I have a subscription to a magazine. This company claims they sent a special book to me, along with a bill. I wrote back that I never ordered a book, nor did I receive said book. They continue to send a bill for it, and tell me on the bill that my name has been put on their list of delinquent accounts. How can I resolve this situation?

Asked on March 10, 2012 under Bankruptcy Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You basically have three options:

1) Don't pay, and see if they sue you to pay; if they do, you'd then have to pay or else defend (e.g. go to court, provide testimony that you never received the book, etc.). It is highly unlikely they will do this, for the cost of a book--though there is a chance that they may report you as delinquent to credit-rating agencies, damaging your credit. YOu'd then have to take some action to correct that, which can be time consumming.

2) Affirmatively bring a legal action yourself, to resolve the matter (seek a court declaration you don't owe the money). It is very unlikely that this is economically worthwhile.

3) Pay for the book, which may be unfair and unjust, but could be the most expeditious and cost-effective way to deal with the situation.


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