Is a disputed charge a defense to a lawsuit?

Asked over 2 years ago - York, PA

PA-A thief stole my credit card number and charged $500 to my credit card. I monitor my accounts, caught it, and disputed it within a day. Because I couldn't prove I didn't charge it (how do you even prove that?), the CC Co refused to take the charge off. I refused to pay it. After months of calls from CC Co then collection agency, my Cease and Desist letter, it is now with CC attorneys. They are threatening to sue to collect. Would they do that over $500? Can I continue to dispute the charge as a defense to a suit? I don't know what else to do.

Attorney answers (3)

  1. Noah Paul Fardo

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    Answered . I would be very surprised if an attorney filed suit over $500. If suit is filed, I would raise the defenses mentioned. You could always offer to settle the amount for less - say $100 or $200 or so - but make sure you protect yourself with regards to your credit report - meaning if you settle make sure you obtain documentation verifying such.

    Good luck
    noah

  2. Alfred M. Abel

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    Answered . The credit card comes with a contract that governs how to deal with disputed charges. Some cards have a mediation process, some have protection plans, etc. Look closely at the agreement. That will govern whether you have to pay. In addition, if it doesn't look favorable for you under the contract, you can always offer something less that full payment to settle.

    This communication is intended as general information and not specific legal advice, and this communication does... more
  3. Alan D. Walton

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    Answered . If you did not make the charge, then it would be a defense to any lawsuit that is brought.

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