Login|Contact Us
JustAnswer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Tweet

I was contacted by a collection agency today that stated Guru.com

 
INFOLAWYER's Avatar
  • Answered by:INFOLAWYER
  • Attorney
  • Positive Feedback: 97.3 %
  • Accepted Answers: 16808
Verified Expert

Recent Feedback

Positive
Thank You!!! ...
Positive
Advice was very helpful + it begin a Sunday, sometimes you need answers right...
Positive
aa...
Positive
rapid answer to my questions, thank you very much....
Positive
Thank you for your expertise. I didn't think they could do what they are trying;...
Positive
he answered my questions quickly and efficiently...

Customer Question

I was contacted by a collection agency today that stated Guru.com has turned over their bill of $894 for collection. I have not used Guru.com since Oct 2006 and have several files of emails detailing the situation leading up to this issue. The botXXXXX XXXXXne is that Guru received the funds from my employer and made them available for withdrawal. After I withdrew the funds they sent an email explaining that the employer, my client, check or draft had bounced and then gave me a negative balance stating that I owed them the money. I explained that previous clients had paid by check and Guru withheld the funds until the check had cleared, before making it available to me. They still stated that I owed them the money and to contact the employer for a refund, but would not provide me the information to collect. I have the details, if you think I have been wronged. Basically they got stiffed and passed that on to me. Do I have any recourse to protect my credit report?

 

Optional Information:
State/Country of Question: Georgia

Already Tried:
I have contacted Guru.com and explained the lady that contracted my services was a Fraud and did not work for the company registered with Guru.com. I have pasted an excerpt from a reply email - listed below:
From Guru.com
Please note that we do not believe you to have done anything fraudulently. We do know, however, that the owner of
the bank account, that was used to make the e-check payment, has made a claim that the payment of $894.30, was not
authorized.
Please read the following statement from Section 9.B. of our Terms of Service:
"You agree and acknowledge that Guru.com's obligation to pay you any Payment (less applicable Service
Charge) is expressly conditioned upon: a) Guru.com's receipt o f Payment from the applicable Company..."
Payment was sent to us by the employer, however, because it was pulled back from us, the receipt of it no longer exists.
In these rare cases, we must pull the funds back from the professional.

Submitted: 1021 days and 22 hours ago.
Category: Legal
Value: $58
Status: CLOSED
Picture
Expert:  INFOLAWYER replied 1021 days and 22 hours ago.

If the claim is against the employer, and not you due to the agreement being between them, you can challenge the claim on that basis. If you were obligated and the employer was to pay and did not, consider paying it and then having the employer pay you back to avoid a marking on your credit.   

Customer replied 1021 days and 22 hours ago.

Guru is asking me to pay because they could not get the employer, my client, to answer their calls. If I understand you correctly they mad the claim against the employer first and I should use that as a basis for my continued dispute?

Accepted Answer

Picture
Expert:  INFOLAWYER replied 1021 days and 22 hours ago.

My point is that the claim is a contractual one. The privity of contract as I understand it is between the employer and them. Not between them and you unless you directly and independently transacted with them. Accordingly they should pursue the employer, not you.   

Expert TypeAttorney
Pos. Feedback: 97.3 %
Accepts: 16809
Answered: 8/4/2009

Experience: Licensed attorney helping individuals and businesses

Ask this Expert a Question >
 

28 Lawyers are Online Right Now

Ask Your Question Now
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
28 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2012 JustAnswer LLC