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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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There are two people I am having billing issues with... I have

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There are two people I am having billing issues with... I have a consulting business. I believe but may be wrong that this client is 17 years old. I'm not sure if that matters. A customer used their father's credit card to purchase a $1,300 coaching (phone
consulting about how to market his book) It's hard to close these deals and the client said that his father might be mad if he used the card but I told him that it's better to follow your dreams and it's easier to apologize than to ask a question where you
know the answer is no. I said, if you don't start making money off your book in two weeks, I would refund the amount. I know that this seems shady and I'm homeless so that's why I did it. I did give the client the advice they paid for and will continue to
do so. After he made the payment, his father got a notification and both of his parents got really mad and they demanded a refund. I told them I would refund them and when the payment cleared, a few automatic payments were accidentally taken from the funds,
so I am left with only around $300. I am willing to make a good faith payment to them and continue to make payments until they are paid off. My concern is I did give the client the advice that he paid for but it's not a tangible thing. I continue to talk to
this client when they call me. I am afraid that they might say this was credit card fraud or something illegal. I don't want to go to jail just because of this stupid issue. They live in the United Arab Emirates so I am wondering if I tell them that all I
can pay right now is $300 and if they don't like that there's nothing I can do, will I be in trouble? I don't know what to do if they don't accept the lower payment and I can't initiate a charge back because my bank doesn't have the funds to cover it. What
are my rights here? am I in any criminal trouble? What can I do to protect myself in this situation? I want to pay them back, I know they are going to be pissed that I can only pay such a small amount back. this clients brother told me that I was taking advantage
of his brother (my client) and I am being honest and am not taking advantage of him because I answer every call and deliver on what I say. What would you do if you were in my shoes? Then there's a kid in new york who threatened to sue me for $50k or accept
paying him the $1,300 he paid me, so I agreed in e-mail to the terms of 4 payments of $325, I've already made two payments. Do I need to continue to make these payments or did they "black mail" me or "trick me" because I talked to this person for months and
they demanded all the money back so I essentially worked for free. I was shocked because this person is a rabbi! What would you do if you were me in this situation?
Submitted: 1 year ago.
Category: Business Law
Expert:  MShore Law replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. What you describe is not a criminal matter, it is a purely civil dispute, and therefore jail time is not a realistic possibility. The problems for you is that they can sue you for the full value of the return. As the person was a minor when entering into the contract and per your admission you encouraged that person to use his parent's credit card without their consent, you could be deemed to have entered into an agreement knowing that the minor did not have authority to use the card in question. In your situation, most people would, understanding that their location makes it unlikely they would actually file suit, offer up the good faith lump sum payment and enter into a written agreement for installment payments to reimburse them for the sum charged to their card. I want to make sure your questions are answered. If this does not answer your questions or if you have any follow up questions please let me know. If I have answered your questions, please positively rate my answers.
Customer: replied 1 year ago.
What would you do if you were in my shoes? Then there's a kid in new york who threatened to sue me for $50k or accept
paying him the $1,300 he paid me, so I agreed in e-mail to the terms of 4 payments of $325, I've already made two payments. Do I need to continue to make these payments or did they "black mail" me or "trick me" because I talked to this person for months and
they demanded all the money back so I essentially worked for free. I was shocked because this person is a rabbi! What would you do if you were me in this situation?
Expert:  MShore Law replied 1 year ago.
If I were in your shoes, with respect to the minor, understanding that it is unlikely I would actually be sued, I would focus on the second "kid in new york." suing you for $50,000 is frankly laughable, because he sustained no damages. At worst, he paid for services received. I would draft a letter to him advising that blackmail is a crime, and his actions will not be tolerated and should he continue you will have no choice but to take legal action against him.
Customer: replied 1 year ago.

If I rate you will it stop the conversation? So the situation with the kid in new york is that he paid for a year, but quit of his own volition. I was helping him with obsessive compulsive disorder but as a mentor and not a Expert of any kind. He says that his OCD is much worse after working with me and I was worried that I could get in trouble for "practicing without a license" by helping people with OCD as a coach. They haven't signed anything saying that, but the paypal button says OCD coaching or mentoring, so would it be possible for me to get in trouble by helping people with obsessive compulsive disorder or is it legal for me to do it as a coach because that is why I at first agreed to pay him because of these fears. So with these new details, what would you advise?

Customer: replied 1 year ago.

I don't know if my last message went through but if you reply back I promise to rate you 5 stars. I hope that is ok, just in case my last question didn't go through, here's it again... If I rate you will it stop the conversation? So the situation with the kid in new york is that he paid for a year, but quit of his own volition. I was helping him with obsessive compulsive disorder but as a mentor and not a Expert of any kind. He says that his OCD is much worse after working with me and I was worried that I could get in trouble for "practicing without a license" by helping people with OCD as a coach. They haven't signed anything saying that, but the paypal button says OCD coaching or mentoring, so would it be possible for me to get in trouble by helping people with obsessive compulsive disorder or is it legal for me to do it as a coach because that is why I at first agreed to pay him because of these fears. So with these new details, what would you advise?

Expert:  MShore Law replied 1 year ago.

Thank you for the follow up, we may be experiencing a technical glitch, I appreciate you following up. I responded to your last message indicating that if you rate you are free to pose follow up questions. The kid in NY quit of his own volition and unless you offered a money back guarantee in this instance, then you would not have any liability to produce a refund. From your description you did not advertise your services as a licensed Expert, but merely as a coach. As such, you did not misrepresent yourself and would not be liable for doing so (i.e. you would not be in trouble). I would advise telling the kid in NY that you would happy to resume with him, but will not offer a refund as it was his breach of the agreement via abandoning the arrangement that has lead to this situation and him not receiving the benefit of your coaching. With the minor and the credit card issue, I would act in accordance with what my finances would allow as it is unlikely his parents would actually file suit.

MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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