Legal Question in Credit and Debt Law in Colorado

A case of reneging on repayment
The arrangement with a friend in desperate need was to allow him to charge $2,000 worth of merchandise to be shipped to his business in exchange for a check. His story was that his credit card was maxed out and the seller would not wait for a check hence he would instead make the check out to me immediately. With my credit in hand he charged the goods on the phone and then refused to give me his check. His transaction with my credit card appears on my account and he refuses to acknowledge the arrangement we had to exchange the charge for his check. Given the fact that I did authorize the use of my card do I have any recourse to exact repayment.

Asked on 7/19/05, 9:23 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: A case of reneging on repayment

The answer is that he owes you the money. he owes you the monetary value of the 'benefit conferred' on him (the cost of the goods).

While your claim has a problem because it is not in writing, the legal doctrine of 'estoppel' is available to rescue the claim.

I would be happy to explain this to you in more detail in a free consultation and help you plan your responses to this situation.

Answered on 7/20/05, 1:49 pm

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