Legal Question in Credit and Debt Law in New Jersey
Credit Card
Basically here is the problem. I bought something from someone for about 10,000 online. I put the purchase on my credit card. A few days later I decided that I wanted to cancel the order. So I contacted the merchant and asked him if he shipped or packaged the items yet, he told me he didn't. So I told him not to worry about sending me the package if he could please just refund my money. He agreed. A few days later he calls me and tells me that there is going to be about a $600 cancallation fee for doing this, which he never disclosed to me when I origionally purchased, and he wouldn't refund the money unless I agreed. Of course I didn't agree. I told him i was going to contact my credit card company and let them handle it. So I did and they issued a chargeback to the merchant
He just recently contacted me again and told me if he took a loss on this he would take me to small claims court. I have three questions. Can he bring me to court for this? Who would win? and if he can't bring me to court for this and he does can i counter sue for a wrongful law suit?
1 Answer from Attorneys
Re: Credit Card
He could bring you to court but then again, anyone can. He cannot hold you to any hidden terms but you have to make sure that there isn't anything on his website that mentions the terms of the refund. I suggest you do this now before he changes the site.