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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I own a retail bridal shop where customers pay half down to

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I own a retail bridal shop where customers pay half down to purchase their gown and pay the final installment before the gown leaves the store for their wedding. We have them sign a contract stating that they agree to this arrangement. We also ask them for a credit card number when they sign up to rent tuxedos in case some of their groomsmen do not return their outfits in good condition or on time. In this case, the bride cancelled the wedding a few weeks before the wedding, stating that she would be in within two weeks to pay for her gown. After many phone calls, and giving her many extra months, wedding was suppose to be July 6, 2013, no money. Would it be legal to use her credit card number to pay off her account, with is over $700.00?

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. If the contract authorized future charges for the gown specifically, then the charge could be put through. If however, there was no such agreement, it would be considered an unauthorized charge, even though she consented as far as the tux's go. Since you do have a contract, you would be able to bring an action in small claims court. However, generally if you send a final notice requesting the balance, stating that you will pursue legal action if the amount remains outstanding (giving a deadline), this will generally result in payment, as a judgment does substantial damage to one's credit rating. http://www.mncourts.gov/selfhelp/?page=313 http://www.mncourts.gov/default.aspx?page=513&category=53 Since small claims paperwork is simplified, some people prefer to complete it and attach it to the demand letter, so the recipient knows the person is serious.

Customer:

Thank you. Your answer makes sense. I always try to deal honestly and fairly with clients and did not want to pursue this if it was not the correct course of action. I will use the link you provided and continue to pursue payment that way. Again, thank you. Teri

LegalGems and 6 other Consumer Protection Law Specialists are ready to help you
Teri, I'm glad to have helped and appreciate your integrity (us lawyers don't get to see that every day!).
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Customer: replied 3 years ago.

I'm sure you see "all kinds" of business situations! Thanks, again. Teri