client keeps giving me the run around

[mahmoud316]

What is the name of your state (only U.S. law)? CA

hi
I do document translations. This guy asked me if he could pay cash when he picks up translation. I told him yes, but we will still need credit card information on file, but we won't run the card and he can pay by cash.
He sent signed credit card information by fax and I got the translation ready for him. He said he was in a rush so I even had to pay someone a rush fee and pay for express mail.
Translation was ready 4 days ago. ever since, every time i call him, he keeps giving me the run around. sometimes he doesnt pick up. when he picks up, he tells me some BS story why he couldnt make it and that he will make it the next day "for sure, for sure" but then the next day, he gives me the same BS.

I am thinking of just running the card and mailing him the translation with tracking number. can I do this?

and is it normal that i have so many problems in my business? I mean it seems like I am posting a new problem every week.

 

[Zigner]

You aren't allowed to run credit charges without specific authorization. Do you have that?

 

[justalayman]

I am thinking of just running the card and mailing him the translation with tracking number. can I do this?

sure but expect the charges to be reversed and maybe the credit card company penalizes you for illegally using a credit card.



Your option is to wait until the guy picks up the work and pays you or you can sue the guy for the work and attempt to obtain a judgment and attempt to collect on that.

 

[mahmoud316]

sure but expect the charges to be reversed and maybe the credit card company penalizes you for illegally using a credit card.



Your option is to wait until the guy picks up the work and pays you or you can sue the guy for the work and attempt to obtain a judgment and attempt to collect on that.

But the whole point of me asking for cc information when they say they will pay cash is that I have a way of getting paid if they disappear.

landlords do it all the time, you disappear on them without notice, and you will never see your deposit.

 

[sandyclaus]

But the whole point of me asking for cc information when they say they will pay cash is that I have a way of getting paid if they disappear.

landlords do it all the time, you disappear on them without notice, and you will never see your deposit.

I don't know of ANY LLs who take credit card information in order to guarantee rent payments.

And of course, if you disappear without notice, then you have essentially abandoned your rental - and usually with an unpaid rent balance outstanding. It's entirely appropriate to apply a deposit towards unpaid rent.

When you asked for credit card information, did you explicitly state that you intended to use their signature to authorize charges against their card in the event that they failed to pay for the services in cash as agreed?

What do you mean by he provided SIGNED credit card information? Does his signed credit card information explicitly authorize you to charge the card, or is it simply a fax that has his signature and a credit card number on it?

If the answers to the above are NO, then you DO NOT have the right to charge the card. If that was your intent, you needed to spell it out up front and get the necessary authorization. If you charge the card, the client has every right to file a chargeback with the card issuer and prosecute you for using his card without his express written authorization.

 

[justalayman]

Ok, make this easy;

why did you tell him you needed credit card info on file?

 

[mahmoud316]

Ok, make this easy;

why did you tell him you needed credit card info on file?

I dont see how what I said verbally is relevant because then it becomes a he said she said thing.
But what I said verbally is "ok, in that case, you can leave your credit card information but we wont run it and you can pay cash when you pick up"
I have a signed paper with cc info, description of services, and amount to be charged. I dont see why I couldnt charge it and just ship with tracking no.
What I said verbally doesnt matter because as far as I know, no evidence of something = that something has no legal value.

 

[justalayman]

"ok, in that case, you can leave your credit card information but we wont run it and you can pay cash when you pick up"

he said/ he said? I suspect he will say the exact same thing you just said; you are not authorized to run the card for the money.

I dont see why I couldnt charge it and just ship with tracking no.

Um, maybe because you explicitly told him you would not charge his credit card maybe?

What I said verbally doesnt matter because as far as I know, no evidence of something = that something has no legal value.

so you figure you will lie and did not say you would not run the card? Actually, verbal does matter and if enforceable. It's harder to prove but it is enforceable.