Legal Question in Credit and Debt Law in California

Hi, recently I booked a stateline NV. trip for a group , at the end of the trip as we were getting ready to leave, the bus driver stated that we could not leave until $ 200 was paid to him for lost subsidy. Because the casino was saying there were 10 persons in the group of 48 persons too intoxicated to gamble so they docked the bus company and they wanted us to pay it. The group collectively said no and the driver had the casino security board the bus , since I organized the trip and signed the contract I asked security to identify the 10 overly intoxicated persons, he just looked at me and left. I'm now being hounded by the bus co. for the $200. The bus company did not give the group or me any clear written designated program nor did the casino representitive when we arrived. It does say in the contract that the group is responsible for lost subsidy if there is misconduct or loitering. Can they hold me responsible for the groups actions even though they can't tell me who in the group didn't follow the designated program that we had no access to? They are threatening to turn it over to a collection agency. I did talk to a bus co. rep. and we came to an agreement that if they could provide the names of the persons they said were overly intoxicated thus breaking the casino rules I would get them to pay it. I just recevied a bill for the $200 in lost subsidy from them.No mention of the 10 persons who supposably didn't follow the non existent designated program for this trip.


Asked on 4/21/10, 5:38 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Not to get into the facts of the case, because I think a lot more investigation and fact-gathering would have to be conducted in order to give you a definitive answer, but in general if the contract provided that you are liable for lost subsidies, then my guess is that there is a good chance you could lose if this went to court. Over $200, I would strongly suggest that where you agreed to pay the lost subsidy in the contract, it may be better in the long run to pay it and not be subjected to collections over $200. The bus company is clearly not going to just drop this, and once it goes to a "reporting" collection agency, it will be on your credit report. Personally, my credit is worth more than $200 to me, but that is a personal decision. $200 will not even buy you an hour of most attorneys time to even review, let alone try to resolve this for you. Finally, you need to look at the contract for a choice of law clause. My guess is that the contract is intended to be performed in the State of Nevada, and any dispute to be decided under Nevada law. My further guess is that Nevada law probably heavily favors the bus company, but you should check with a Nevada attorney on that question, assuming this contract is bound by Nevada law.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 4/27/10, 11:57 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California