Legal Question in Credit and Debt Law in Florida
Charging a credit card on file to collect a debt
A client filled out an online form via our website;listed personal information but filled out form under name of a church in a different state. Client gave us a credit card to cover the initial enrollment fee and then used our services via our website. Several attempts to collect the debt by leaving messages on an answering machine have discovered the church does not exist and all the information on the application is personal. Can we charge the credit card for the balance owed? Do we need to notify client in writting of our intentions?
1 Answer from Attorneys
Re: Charging a credit card on file to collect a debt
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Maybe. Without knowing more specifics, I am unable to give any valid opinion. You should meet with a local attorney and provide complete information. The attorney can then advise you of your legal rights and obligations.
Scott R. Jay, Esq.
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