Legal Question in Credit and Debt Law in Georgia

If I purchase an item online for $640.00 and the company only charges my account $40.00 then delivers the item to my home, 6 months later they start treating me, what are my legal obligations?


Asked on 9/27/12, 4:49 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

In cases of an abious mistake like that, you owe the rest, and they can collect the $600. Pay them. It's cheaper than letting them sue you and ruin your credit for 7 years.

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Answered on 9/27/12, 5:26 pm

You admit in your post that the price was $640 and that you received it. So why do you believe that you can keep the item and not pay for it?

If I buy a Ferrari for $100,000 and the sales guy screws up and puts $10,000 does that mean I can keep the Ferrari and only pay $10,000? No way. This product is no different. This was an obvious mistake and you knew of the mistake. If the company sues you, they will probably recover in court under the law of mistake or what is called unjust enrichment.

I agree with Attorney Ashman - I would pay what you owe. Now, if there are late fees and penalties, if the company screwed up, then I would advise the company that you should not be charged for the late fees, interest and penalties and interest because the mistake was the company's and not your error.

However, I have a question - why is the company charging "your account?" Do you mean bank account or credit card account? And why, if the company had the information, did they not just bill your card or draft your bank account for the balance of the purchase price?

Something is not quite right here and this is not the forum to discuss it. While you should not have to see a lawyer to get this resolved, if there are facts that have been omitted then I would suggest that you pay to have a 30-minute consult with a consumer attorney and allow him or her to review any papers that you have.

After the review, either offer to pay in full and demand that no adverse credit consequences occur (make sure you get a letter before you send them money), offer to settle for less and see if they will accept or do not pay and risk a lawsuit and having derogatory information on your credit.

And what do you mean that the company is "treating" you? Do you mean threatening? Its not really a threat if they have the legal ability to sue. The company is allowed to sue if you owe them money. They are also allowed to have derogatory information on your credit report. The Fair Debt Collection Practices Act only applies to debt collectors, not original creditors and Georgia is not a particularly consumer-friendly state when it comes to debtor-creditor relations.

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Answered on 9/27/12, 7:47 pm


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