lmichelesq
Junior Member
This takes place in NY state.
Two people have agreed to go on a trip together (allegedly agreed). One books the hotel and puts it on his credit card. The other party backs out and refuses to pay (or arguably never agreed to pay).
The plaintiff, the party that charged the hotel, is not paying the credit card charge and allowing interest and penalty charges to accrue.
Is the defendant liable for the interest and fees where 1) the plaintiff willfully accrues charges, even though he is able to pay; or 2) the plaintiff is truly unable to pay.
My feeling is no for #1 and maybe for #2, if the defendant knew that the plaintiff could not cover the charges and the late fees were foreseeable. The hard part, I guess, is proving that the plaintiff could have paid, but didn't.
Any thoughts?What is the name of your state (only U.S. law)?
Two people have agreed to go on a trip together (allegedly agreed). One books the hotel and puts it on his credit card. The other party backs out and refuses to pay (or arguably never agreed to pay).
The plaintiff, the party that charged the hotel, is not paying the credit card charge and allowing interest and penalty charges to accrue.
Is the defendant liable for the interest and fees where 1) the plaintiff willfully accrues charges, even though he is able to pay; or 2) the plaintiff is truly unable to pay.
My feeling is no for #1 and maybe for #2, if the defendant knew that the plaintiff could not cover the charges and the late fees were foreseeable. The hard part, I guess, is proving that the plaintiff could have paid, but didn't.
Any thoughts?What is the name of your state (only U.S. law)?