Can we charge a customers card for their debt

[Tink11464]

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

Hi - I'm not sure if this is even under the correct forum heading.

The company I work for has customers who have not paid their debt. At one time or another these customers had made payments with their credit cards. We have repeatedly called to arrange payment plans - but they do not answer or call us back (for at least 6 months). Is it legal for us to call, leave a message that if we don't hear back from them to advise otherwise - that we are going to post a payment against their credit card that is on file?

I know there's always small claims court - but after filing and winning - the costs then to try and collect anything and the time involved isn't worth it when it's only $1000 or so.

Thank You in advance for your advice.What is the name of your state (only U.S. law)?

 

[Zigner]

So, they failed to pay you, so you want to steal from them?

(The answer is clear when the question is phrased properly)

 

[antrc170]

Unless you have an agreement on file that allows you to access thier CC on a continual basis, then no you cannot charge their cards without permission. Each transaction is viewed as it's own contract, where you provided a service and they paid via credit card, end of contract. If you charge their cards now without permission, it's theft/fraud.

 

[Tink11464]

Thank you antrc170 and NO Zigner - that is not what I am asking or implying to do - obviously the ones who stole are customers who DID NOT pay. I was merely asking if it were legal to charge their card for services they have received. Thank you again for the advice!!

 

[Antigone*]

Unless you have an agreement on file that allows you to access thier CC on a continual basis, then no you cannot charge their cards without permission. Each transaction is viewed as it's own contract, where you provided a service and they paid via credit card, end of contract. If you charge their cards now without permission, it's theft/fraud.

I wholeheartedly agree with antrc.

 

[Zigner]

Thank you antrc170 and NO Zigner - that is not what I am asking or implying to do - obviously the ones who stole are customers who DID NOT pay. I was merely asking if it were legal to charge their card for services they have received. Thank you again for the advice!!

No, what you were asking is if it's ok to STEAL from them. You just didn't realize that was the question your were asking

 

[Tink11464]

Zigner - thank you for letting me know what I was "really" thinking!! Good heavens where were you when I was getting married the first time - you could have saved me a lot of aggravation by telling me what I really thought back then.

What you stated Zigner is ludicrous - I would NEVER think to STEAL from anyone - I was only asking a question in regards to another way to get our payment besides small claims. You really don't have to be so negative!

 

[Antigone*]

Zigner - thank you for letting me know what I was "really" thinking!! Good heavens where were you when I was getting married the first time - you could have saved me a lot of aggravation by telling me what I really thought back then.

What you stated Zigner is ludicrous - I would NEVER think to STEAL from anyone - I was only asking a question in regards to another way to get our payment besides small claims. You really don't have to be so negative!

I beg to differ

 

[Isis1]

Zigner - thank you for letting me know what I was "really" thinking!! Good heavens where were you when I was getting married the first time - you could have saved me a lot of aggravation by telling me what I really thought back then.

What you stated Zigner is ludicrous - I would NEVER think to STEAL from anyone - I was only asking a question in regards to another way to get our payment besides small claims. You really don't have to be so negative!

But that's what you were doing. Thinking about stealing from them. Your own post said so. Taking something without their permission. At least now, you were clarified and won't do it, right?

 

[Mass_Shyster]

I would NEVER think to STEAL from anyone

PA Statute:

§ 6042. Larceny and wrongful appropriation.
(a) Offenses defined.--Any person subject to this part who
while in a duty status wrongfully takes, obtains, or withholds,
by any means whatever from the possession of the true owner or
of any other person any money, personal property, or article of
value of any kind:
(1) with intent permanently to deprive or defraud
another person of the use and benefit of property or to
appropriate the same to his own use or the use of any person
other than the true owner, steals such property, is guilty of
larceny;

 

[Tink11464]

Isis1 - absolutely NOT - - that's why I questioned it.

I just didn't know - that since they had paid previous invoices and had a credit card on file - as to whether we would be able to post payments if we left them messages stating that was the intention. If I wanted to STEAL I would never have thought to even question it. I am not a lawyer - I just didn't know - hence asking for the advice.

 

[Isis1]

Isis1 - absolutely NOT - - that's why I questioned it.

I just didn't know - that since they had paid previous invoices and had a credit card on file - as to whether we would be able to post payments if we left them messages stating that was the intention. If I wanted to STEAL I would never have thought to even question it. I am not a lawyer - I just didn't know - hence asking for the advice.

Well, now you know!

 

[Tink11464]

I certainly do Isis1 - - thank you!!

 

[Zigner]

I certainly do Isis1 - - thank you!!

You're quite welcome. Too bad it took this long for you to understand...since the correct answer was given to you in the first response to your question!

 

[Tink11464]

Zigner - sorry - you are correct that the answer was given that NO it cannot be done - but seriously - there was no need for your rudeness to state that I wanted to STEAL from someone - - that was not the case at all. It's a shame that along withe the "free" advice - you have to tolerate the rudeness to get that free advice. You couldn't just answer the question.