Legal Question in Business Law in California

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

I have a billing dispute with a vendor who processed payment with a VISA card on file. I believe the error is clear cut ($60 vs $900) but my vendor disagrees and is ignoring my phone calls. The CC 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 2/22/12, 12:59 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't see that the CC authorization has anything to do with your dispute. The credit card company isn't refusing to pay.......according to your own facts, the credit card company has already paid. I think we need more information on why you think you owed $60 and the vendor thinks you owed $900. This is the real issue here. We lawyers need to know why the two of you are off by a 15-times factor. Damage to a rental car, perhaps?

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Answered on 2/22/12, 9:09 pm
Anthony Roach Law Office of Anthony A. Roach

Neither of you are going to pay the other side's attorney's fees if the matter goes to small claims court. Attorney's fees are for attorneys, not self represented parties, and attorneys are not allowed in small claims court, except on appeal.

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Answered on 2/23/12, 8:44 am


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