• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Liability for interest accrued??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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)?
 


Zigner

Senior Member, Non-Attorney
If the case is decided in the plaintiff's favor, the defendant can expect to pay the interest charges...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top