Legal Question in Consumer Law in New Jersey

Receipt says paid in full

The building supply store that we purchased from in May (5 months ago)2004 contacted us today to say that we never paid for $2000.00 worth of various merchandise. You cannot leave the store without paying, and I have a receipt from their computer that says paid in full with our credit card number that my husband gave them to order the merchandise for us. We paid cash for the order however. They want to charge our credit card for the purchase becuase I can't proof to them, 5 months later, that I paid cash. I only received one receipt from them and it says paid in full, because we did. Please help!


Asked on 10/08/04, 5:15 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Receipt says paid in full

Your question is a little bit confusing, however, I will try to analyze it.

You indicate you paid cash, and that you received a receipt from the store that is marked, "Paid in Full." A receipt marked "paid in full", whether you paid in cash or by credit card, would certainly appear to be adequate verification/proof of payment. You do not say why the store refused to accept a copy of the "paid in full" receipt as adequate verification of the payment having been made.

Legally, a receipt marked "paid in full" could be used as a defense if you are sued and must testify in court.

Another issue your question raises is whether the store or their collection agency is in violation of the Fair Debt Collection Practices Act.

Finally, it is possible that the clerk at the store who actually received the $2,000 cash from your husband simply pocketed the money (even though he gave your husband a "paid in full" receipt). Although if this happened, it is certainly not a reason to require you to make a double-payment for the goods.

I have to say, however, that it would be very unusual for a legitimate purchase of goods from a retailer to cost exactly $2,000.00. Have you actually seen the receipt, or are you just relying on what your husband is telling you?

I think you need to consult with an attorney immediately to protect your legal rights.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/09/04, 9:27 am


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