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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption