Is disputing a credit charge you know is valid considered perjury?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is disputing a credit charge you know is valid considered perjury?
I work for a hotel where a guest purchased a room some months ago for around
$100. He has tried to dispute the charge already once, and is attempting to do
so again, and will likely continue to try to get out of paying in the future. At what point does this become perjury, and if it becomes perjury, should we explore bringing civil case for fraud against this guest?
Furthermore, if we happen to have a notarized affidavit claiming that the
charge is invalid for some reason or another ‘I didn’t authorize the charge’
or ‘they had no right to charge me that’, would this guest have opened himself
up legally to any realistic civil case?
Knowing that any info I receive in response constitutes nothing more than
friendly advice from passing, and hopefully credentialed, strangers, any advice
would be welcome. This guy won’t give up, and it’s starting to cause trouble
in the work place.
Asked on August 30, 2016 under Criminal Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The false statement at this point is not perjury because in order to constitute perjury, the lying or falsehood has to occur in a judicial proceeding such as a court although there are exceptions. The false affidavit would constitute perjury.
The hotel can sue for fraud which is the intentional misrepresentation made with knowledge of its falsity and with the intent to induce reliance so that the hotel would rely on it to its detriment. In other words, the hotel would be out the cost of the room if the hotel relied on the customer's false statement. The false affidavit would provide additional evidence of fraud.
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.