Legal Question in Credit and Debt Law in Utah
Businesses' Billing Responsibility
What are the billing responsibilities of a business? I made a purchase about two years ago, at a home business, that also involved a trade for a portion of the merchandise. I have never received a bill, but have recieved numerous abusive phone calls requesting payment. I request a bill at each phone call, and have even called them and requested a bill. Now I am being threatened with court and told that the trade no longer is valid. I am also being told that a bill has been sent. What are my options? If this goes to court do they have to prove that they sent me a bill? This is important because the amount seems to continue growing.
1 Answer from Attorneys
Re: Businesses' Billing Responsibility
I assume that all of the calls have come direct from the business and not a collection agency. The business must provide an accounting of what was purchased and all payments made, including credit for the trade (if the trade was performed). The business cannot arbitrarily refuse to recognize the trade.
If they actually sue you, be prepared to respond to the suit - most likely in small claims court. You will need to present all evidence you can about the trade, payments and purchases. Assemble witnesses and documents which support your position. You will have a chance to present your side of the story in court.
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