Legal Question in Civil Litigation in Florida
Credit Card Charges
My girlfriend moved to Nebraska in Feb. of this year. Right before she moved, she had to get some work done on her car. She had to charge it on a credit card (about $700) In all the new hustle & bustle & expenses of moving & getting settled, she totally forgot about that charge. (it has been a very hectic year) She *DID* leave a forwarding address to the post office before she moved. The C.C. company was based in FLA. Just recently we tried to use the credit card, and found it was declined. She finally contacted them (This Dec.) and they said she had this charge (about $900 now with interest) and she had to pay at least $245 RIGHT AWAY or they would be contacting legal services, etc and her credit rating was at risk. But, the thing is, they NEVER sent *ANY* bills to her new address, or ANY mail at all. It was a rarely used card, just for emergencies, that's why she forgot about it easily. We would have remembered & been paying had we got any bills or info at all.
My question is: don't they have an obligation to at least contact you some way? and I know she has to pay the INITIAL charge, but can rightfully add that $200 if they never even contacted her? Thanks in advance if you can help.
2 Answers from Attorneys
Credit Card Charges
You made the charges, it is your responsibility to pay the bill.
As for the interest charges, this is governed by local state law. It appears these charges might be excessive if they exceedthe maximium allowed by law (18-21%).
If I were you, I would offer to split the fees and send a check in the FULL amount.
Eventhough it appears that the company made no attemptto find you, it is still your responsibility. By the waydid you ever notify the company directly of your change of address?
If so, you might have a stronger case, absent this, try to negotiate the fees downwardif the company will not, pay them cancel the card and chalk it up to experience.
Good Luck
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Credit Card Charges
I am not aware of any Federal or Floridalaws requiring notices be sent. Besides howdo you know they were not sent to her old address and not just forwarded?
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