If Idisputed a charge on my credit cardand the credit card company charged back the money, what do I do about being taken to collections?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Idisputed a charge on my credit cardand the credit card company charged back the money, what do I do about being taken to collections?

The credit card company charged back the money (I didn’t call to cancel the charge, just to dispute) and said that they will take to the store owner regarding the sale and my fiance wrote a complaint to the BBB. The credit card company charged back the amount to me and told me that they will give them time to appeal the dispute. Now 4 months later, my fiance (not the purchaser, name not even on the card) got a letter from the store claiming that they will take him to collections for canceling the charge. Can they really do that and ruin his or my credit score?

Asked on October 31, 2010 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, of course they can do that.  This is a charge that is being disputed by BOTH of you: the store and you.  You are claiming that it was not a purchase you made, correct?  They are claiming that it was.  So if you successfully disputed the charge on your credit card (congratulations there) then they have no other recourse but to sue you personally for the money.  You fiance really has nothing to do with the matter but since he wrote the letter and they have his name they will try any avenue to collect the debt.  If he is sued then he just has to put in an answer statig that he is "not a proper party to the action" and ask for its dismissal against him.  Maybe you and the store need to straighten out this mess asap.  Good luck.


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 with SHA-256 Encryption