Legal Question in Credit and Debt Law in Florida
SOL on credit card charges
on 11-13-03 my mother died. i gave my credit card # to the funeral home to pay some of the expenses, i payed the other part with a personal check. i received a call from them today (6-10-05) stating that they had never charged my credit card. is there a SOL on the amount of time a business has to submit credit card charges? If so what is it?
1 Answer from Attorneys
Re: SOL on credit card charges
There are statute of limitations on filing actions for breach of contract of about 4 years. However, this limitation usually runs from the time of the discovery of the breach. In your case, you should definitely ask for proof of non-payment, such as a copy of their bookkeeping and how they are just now making this discovery. I am not sure how they can prove that they never charged your card. It seems very odd that they would be trying to charge the account 2 years later. You should definitely do some more investigation into the matter before handing over any account information, including verifying this claim with your own records. If in fact, they never charged your card then they may be able to collect the remaining balance for services rendered.