Legal Question in Credit and Debt Law in California

My husband and I own a small business and he stupidly signed a contract with a new merchant company for credit card processing. We never used it, yet they they would charge lease and inactivation fees. Recently they decided to cancel our contract without notice and charged over $6,000 to our bank account and we have since cancelled that bank account and now they have sent a 'COMPLAINT' from the civil court of the city of new york county of new york. Is there anything we can do to get out of this situation?


Asked on 12/27/12, 4:07 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

Thank you for posting this question.

You obviously need to deal with the complaint. Typically, this would require you to hire a lawyer in New York to represent you. A lawyer not licensed in New York cannot file documents in a New York court, unless he or she has New York co-counsel.

I would review the contract with the credit card company to see if you consented to jurisdiction in New York. I would also look at the terms of cancellation.

I would probably do an Internet search about this company to see if there are businesses in a similar situation. It may be worth contracting the Better Business Bureau.

It is not possible from the facts you provide to tell if you have a claim against the credit card processing company. While I could not represent you in the New York action, I would be happy to speak with you at your convenience about this situation to explore the possibility of claims against this company based on CA or federal law.

Please note that if you have been served with that complaint, your time to respond has begun to run. I would act quickly on this matter, if I were you.

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Answered on 12/28/12, 5:18 am


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