Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

There are two people I am having billing issues with... I have

a consulting business. I believe...
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?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 10 minutes by:
5/16/2013
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Verified
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.
Ask Your Own Business Law Question
Customer reply replied 4 years 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?
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.
Ask Your Own Business Law Question
Customer reply replied 4 years 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 reply replied 4 years 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?

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
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Verified
MShore Law and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask MShore Law Your Own Question
MShore Law
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
25,285 Satisfied Customers
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

MShore Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

25,285 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
If two parties are named in a contract that are suppose to
If two parties are named in a contract that are suppose to both be Calif. LLC's, and the two parties are to perform certain stipulation in the contract but one of the two parties named in the contract… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I have a small business I have two contracts in a mine two
I have a small business I have two contracts in a mine two different planners asked me to do work I was told by several mine employees that one was the priority so I did that work the other planner go… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
Can a proprietorship business be bought and sold? Is
Can a proprietorship business be bought and sold? Is proprietorship business considered to be legal entity? I am the seller and have separate tax id for this my healthcare small business..A buyer gave… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal for a business to offer their services to
Is it legal for a business to offer their services to individuals of families that live on or below our government's difinition of the poverty level… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a business contract case.The company closed years
I have a business contract case.The company closed years back, but since I was a personal guarantor there was a suit against me. The lawyer asked for discovery and I did not comply, and now the hearin… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Business consultant. I started a new business that will
business consultant. I started a new business that will offer 50 percent discounts on products and services. How can I get an email list of potential users of my new product? Either how grown or purch… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I decided to sue my business partners. The business is going
I decided to sue my business partners. The business is going to operate in Panama city beach Florida but we live in Pembroke Pines Florida. What court should i use for this? … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Regarding terminating a business contract with a billing
Regarding terminating a business contract with a billing company that processes our billing. Both I and my partner signed contract as required by our Operating Agreement for the business . The billing… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I'm starting a general contracting business in Chicago. I'm
Hello. I'm starting a general contracting business in Chicago. I'm considering forming an LLC as a holding company for future DBAs for each part of the business, including construction, cleaning/maint… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
A business executive candidate asked a business owner about
A business executive candidate asked a business owner about the details of the business' technology at a meeting. The business owner's IP attorney advised the business owner not to disclose the techno… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
I would like to write up a business sale contract of some
I would like to write up a business sale contract of some parts I sold to be paid in 2 years. Do you offer such custom contract?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
I own a small business, when bought I had a contract with my
I own a small business, when bought I had a contract with my brother he gets 25% and my mom gets 25%. However he has never paid taxes on the money I've given him and my mother and now he says he wants… read more
Barrister
Barrister
Attorney
Doctoral Degree
646 satisfied customers
I have an investment contract with a local business. I was
I have an investment contract with a local business. I was suppose to get 30% of profits monthly. They have defaulted on the agreement. What can I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
Question about business/contract law breach of contract and
question about business/contract law breach of contract and file a complaint I like to consult with an attorney preferably from ILLINOIS… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
I took out a business contract which ran for 5 years and
I took out a business contract which ran for 5 years and included insurance via separate insurers. I received no insurance policy documents at the time of signing. Both companies are regulated by the … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a business/contract law question. I had a hearing in
I have a business/contract law question. I had a hearing in Superior Court with another business. We mutually agreed to remove our negative online reviews from each other's sites, three weeks ago. I h… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Is a contract from a business that can not be found in the
Is a contract from a business that can not be found in the database of the Secretary of Texas (we think it's a fake company) valid and enforceable? … read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I recently ended a contract to start my own business and my
I recently ended a contract to start my own business and my former boss is claiming that I am in breach of contract and refusing to pay me and threatening to sue. The issue is that several of her clie… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x