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RONB-ESQ
RONB-ESQ, Attorney
Category: Business Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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If I placed an order with a company and through balancing

Customer Question

If I placed an order with a company and through balancing the company found out that the transaction never actually went through but the product was shipped out, how long does the company have to reprocess the transaction? Keep in mind that this is not
a major credit card it is a store card that is owned by a third party lending agency.
Submitted: 1 year ago.
Category: Business Law
Expert:  RONB-ESQ replied 1 year ago.

Hi my name is ***** ***** I am a licensed attorney. Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. I see you have a question about how long a company has to collect? I have handled matters like this in the past and believe I can help you understand your rights. In the event I believe you should seek a local attorney, I will advise you of that as well.

Can you provide me a little additional background? What is the total value of order? How did you place order over phone, internet, etc? Was there a written agreement? This is only a request for additional information not the answer to your question. This information would help me provide perhaps a clearer answer to begin with. If I don't hear back from you shortly I will make some assumptions and provide you an answer that you can always seek more clarification on etc.

Expert:  RONB-ESQ replied 1 year ago.

I am guessing you are not online at the moment so I will make some assumptions and attempt to answer the question. You can ask for clarification if needed by replying.

I am going to assume that the verbal or written contract was entered in Texas. You could order something over the phone and create a verbal contract or this may involve an actual written contract. The amount of the goods or services will likely determine how far the company will go to try and recover funds they previously didn't know they were owed until after "balancing". In Texas the statute of limitations for a breach of contract is 4 years. So if the company can prove the existence of the contract. In this case it sounds like it may be related to the processing of a credit card so generally when you provided the card you agreed to pay for the goods and additionally you agreed to comply with any terms of service/contract related to the actual credit card used as well. So say they thought they processed your credit card and as a merchant they failed to batch out their merchant account credit card transactions or for some other reason the bill failed to go through. They could arguably take several years to attempt to recover what they were actually never paid. After the 4 year statute of limitations then they could sue to recover, but you have what is called an affirmative defense. That means that in answering their lawsuit (if it comes to that) if 4 years has passed you are required to assert that as a defense preventing them from actually winning the lawsuit.

My goal is to provide you with excellent service. If for any reason you feel you received anything less, please reply back to me and I will attempt to further clarify my answer. I truly appreciate you providing me a positive rating as that is the only way I receive credit for the time I spent. As noted, if you need additional information, even after you have rated me, feel free to reply and I will provide additional information or further clarify my answer.

Regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked. In the event you have already provided feedback and I missed it Thank you and please disregard.

Regards,

Ron