Am I responsible for legal fees if I dispute a charge that I was overbilled for?

UPDATED: Feb 21, 2012

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Am I responsible for legal fees if I dispute a charge that I was overbilled for?

I have a billing dispute with a vendor who processed payment with VISA on file. I believe the error is clear cut ($60 vs $900) but my vendor disagrees and is ignoring my phone calls. The credit card authorization sheet that I signed reads, “If credit card company refuses to pay…for any reason I acknowledge to pay the amount plus any legal and collection fees”. Should I dispute the charge and let it go to small claims or pay the charge and take them to small claims myself.

Asked on February 21, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Depending upon the situation that may result due to the dispute over the Visa card, if the credit card company prevails against you in a lawsuit, the court in its discretion may award it its reasonable legal fees against you from what you have written. However, should you prevail, then you should be entitled to your reasonable attorneys fees if you have an attorney representing you in the dispute.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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