Legal Question in Credit and Debt Law in Florida

Hi,
I am an 19 year old sophomore at Florida State University majoring in Pre-Nursing.
Sometime in Late 2010 I took a road trip to Atlanta to visit someone who i met offline, just a weekend thing. I took a friend along with me for safety so don't think I'm crazy. Anyway, the guy who i met offline said we would be staying at the Four Seasons. Long story short, I arrived before he did (he lives in Atlanta already). Impatient, and not too enthused about waiting i kindly asked the clerk what was the age requirement at this Hotel. he stated: "21". Therefore, i knew not to even attempt to check in. So i called the guy who i met offline and he said he would just call in and add my name to the reservation. Skipping ahead, he did that and they allowed me to check in. fast forwarding the guy turned out to be an ASSHOLE and i left, along with my friend. Months later, i begin receiving letters and phone calls from United Fidelity stating that I owe the Four Seasons $1,329.00 . Mind you, i was away at college and these letters where going to my home address which is on my License so the one i read was like a FINAL NOTICE saying that if i didn't reply in 10 days it would be sent to Experian. So I contacted United Fidelity. No answer, i kept at this for a week straight, and left voicemails. I figured, Hmm� this must be fraud.. so i forgot about it. Some days later i received a return call from someone at United Fidelity. He then begin to tell me that the guy never checked in and my id is the only name on file so im responsible for payment. I then asked: "How am i not old enough to get a room but im old enough to be responsible to pay for one?" he went on to further conclude that its my responsibility to pay and if i didn't it would go on my credit. Your probably wondering why i don't just refer him to the asshole who seems to have set me up� well i don't know his full name,and his number has changed. Great right!? So anyway, I tell this guy from United Fidelity, im a college student working towards being able to have $1,329.00 but not for some shit that i honestly don't feel like is my responsibility. so basically do what you have to do� i don't have the money goodbye! �. i then get a phone call a month later he leaves a voicemail stating that the credit card that was used to book the room came back as stolen! I never presented any credit cards so now im getting letters saying if don't respond with payment� litigation will take place. These letters are really stressing me out and scaring me, im only 19 years old and im in college i don't have that kind of money. Honestly i would pay it if i had it but i don't. but in the same respect i don't feel like its my responsibility i feel like the hotel made a mistake and they're just trying to get there money back. shouldn't they have required some sort of credit card authentication since supposedly he never went to the counter? my biggest question is should i be worried? Im not a criminal, i don't do fraud, and i want these scary letters to stop! my mom is a detective and she said that if i send one cents then it automatically becomes my responsibility to pay so not to. please if your an Attorney give me advice.

Asked on 8/19/11, 6:34 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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As long as you did not sign anything stating that you are responsible for the payment of this room then you are NOT responsible. The fact that they accepted credit card information over the phone and did not meet the person who agreed to pay is NOT your responsibility. The next time they call you tell them that if they continue to harrass you that you will be taking them to court for fraud and misrepresentation and STALKING. Your mom is correct, do not pay one cent, if you do, then you are accepting responsibility and your are on the hook. without a signed contract, they cannot file against you or your credit card.

Answered on 8/20/11, 7:59 am

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