Legal Question in Credit and Debt Law in Pennsylvania
A while back I accidently used my friends credit card info that was saved on my playsation system to add funds to my account. Immediately realizing what I did, I called my friend over and over again to inform him so that he could stop the transaction. He never picked up my calls, so I ended up seeing him several days later and paying him the $58 I accidently took. A month later it turns out that the card was declined. My playstation account was and still is suspended because I now owe Sony $58. I immediately contacted my friend who said he would pay me back with his following paycheck. Apparently his card was declined because he spent over $2,000 or so buying a plasma tv and furniture for his new apartment; he is currenty in debt. Iknow he gets paid every other Thursday, and that was four days. I went to his house, but no one was there so I left my number. He has yet to call me and he also knows where I live, so I am now convinced that he is purposely avoiding me to avoid having to pay up. Is there any legal action that I can take to get my money back?
2 Answers from Attorneys
Absolutely. You can file a lawsuit at your local district justice. Depending upon where you live, the lawsuit will cost approximately $100 or so to file. It doesn't quite seem worth it to me.
I agree wtih Attorney Artim. I don't have a Playstation, but I cannot understand why your friend's credit card information was on your Playstation or how you could "accidentally" use his credit card for something for you.
I think you need to pay Sony $58 if you want to reinstate your account with them. Regarding the money paid to your friend, it may not be worth filing a lawsuit over.
He is probably not going to pay you back. If he was decent, he would do so. But obviously he is ducking you. You can try writing him a letter and sending it to him via certified mail return receipt requested, explain what happened and ask him to repay you. If he does, great. If he doesn't, then I would drop it and let him be your ex-friend.
There are many things in life that are not fair or just. However, it does not make sense to file a lawsuit for $158. The filing fees will be tacked onto any costs, but have you thought about how you would collect the $158 if you recovered a judgment? There is no wage garnishment in PA and the sum is so small that there will be no execution. Maybe he is the type of person that does not care if he has unpaid judgments. If that is the case, you will be out $158 instead of $58.
And this was not brought up, but on what theory are you trying to recover exactly? You made a mistake by using your friend's credit card. You then compounded the mistake by giving your friend the cash, which he can claim was a gift or reimbursement for something else. He did not make any mistakes or have reason to know of your two mistakes prior to you paying him. I don't see how your friend is legally obligated to refund your money because you made a unilateral mistake. Morally yes, but legally no. Of course, magistrates are not always lawyers and they often do whatever they want so its possible that they can still rule in your favor.
And I looked at the rules - I think you have to sue your friend in the magisterial district where he resides if he does not live in the same district as you.
See 246 PA Code Rule 302:
Venue.
A. An action against an individual may be brought in and only in a magisterial district where:
(1) the individual may be served, or
(2) the cause of action arose, or
(3) a transaction or occurrence took place out of which the cause of action arose.
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