Legal Question in Credit and Debt Law in Pennsylvania
Civil lawsuit - what should we do?
My husband and I recently had a cleaning service come to our house for a one time cleaning.We attempted to pay at the time of the service but were told we would be billed.When a bill came about 3-4 weeks later we paid however we did not realize that the check was never cashed (I guess it was lost in the mail or something).When the service called we mailed a second check that was cashed.The service now wants to charge us a late fee. We never signed anything or were told there would be a fee (there was no ''due date'' on the original bill).They now are suing us for the late fee and $100 in court fees. Because we offered to pay at the time of the service, mailed a check that never got to them, and never signed anything or were told about this fee, we don't want to pay. We did offer to settle for half but the company refused.
If we go to court, what is the chance they will win? If the court does determine we need to pay, will this show on our credit report (my husband and I both have very good credit and don't want to damage it on something this stupid). Legally can they charge us a late fee if we were never told about this fee or the due date? I don't want to go to court but I don't feel in this instance we should have to pay.
2 Answers from Attorneys
Re: Civil lawsuit - what should we do?
You asked about a fee due.
From the facts you stated you sound correct. As always a person should have a lawyer when heading into the court system.
But if you have the time and gumption I say you can stick it to the company yourself. This may even be common scam to get some extra money out of parties. They can't charge a late fee if it wasn't clearly spelled out. I would even suggest asking them, preferably in discovery, what the ratio is of parties that pay promptly compared to those that are charged late fees. My guess is that it is weighted heavily towards the late fees.
I would also suggest bringing this matter to the attention of the Attorney General's for investigation and potential prosecution.
Don't worry about your credit report. Small stuff such as this doesn't harm credit and is easily removed once it does get on a report. In fact, often it can end up making you money when a collection company violates the FDCPA.
Regards,
Roger
Re: Civil lawsuit - what should we do?
In addition to what Mr. Traversa said, I suggest considering a couter suit.
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