Legal Question in Credit and Debt Law in Kansas

My past client has a bill that is 90+ days past due. They committed to pay the bill in an email back in August. The bill is $1600 and that does not include a 5% late fee. I have their Amex card on file that was used to pay for another service - not to pay my invoice. Can I charge the card for my invoice? I am located in KS - the client is located in OK.


Asked on 11/17/14, 9:16 am

1 Answer from Attorneys
Anthony Smith LawSmith

This may not be an authorized use of the card number. The determination would be based upon the agreement(s) and releases you have with your former client. You did not provide any information regarding that. So, you should error on the side of assuming it is not an authorized use of the Am Ex card information (you may have violated your own privacy agreement by retaining the information) You should consult directly with a civil practice attorney in your area, as to what your agreement with this former client authorizes you to do. If you choose not to wait, you should at least inform the former client that you're using the card information they gave you to comply with their commitment to immediately pay the outstanding bill, plus late fee. This May lessen your liability if it turns out that reusing the Amex information was against the agreement (s),

Good luck

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Answered on 11/17/14, 10:21 am


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