Legal Question in Credit and Debt Law in California
I have a fraudulent charge on my credit card. I have disputed the charge, but the credit card company insists that I pay. I want to move this matter before a judge and let an impartial authority decide based on the physical evidence. How do I get this matter into a courtroom? Do I have to sue my credit card company, or like a collection company, can I tell them I firmly dispute the charges and leave me alone or take me to court?
1 Answer from Attorneys
No matter how you go about it, if you take on your credit card company you will lose. While they have a certain obligation to investigate and remove fraudulent charges, once they have investigated and concluded there is not sufficient evidence to reverse the charge, it stands. You also have to bear in mind that the credit card company IS an impartial entity. They don't care if the charge is fraudulent or not because either you pay for it, or they take it out of the merchant's account. They don't care which way it goes other than doing the right thing. If a merchant with a credit card account fraudulently charged the account in a way that the credit card company couldn't determine it, you have to sue them, not your card company.