Never received payment for services

Ask a Lawyer

Question

Country: United States of America
State: Texas

I am a consultant with a direct sales company. I did a party for a hostess and when it came time to close her show she said she would drop money in the mail on October 15. I submitted her show in good faith. Four days passed - no money. I called and she said she gave them to her husband to mail on Oct 18. Oct 20 rolled around - no checks. I was going to be in the neighborhood on Oct 21(which is an hour from my home) so I called to see if I could just pick them up. He said he mailed them the evening before Oct 20- I was there on Friday) On Oct 25 - still no checks. I called to let them no they still had not arrived and that my bank had been drawn for her orders causing major charges. The checks arrived on Wednesday the 26th with and were postmarked on the 24th. This was 10 days after the agreed upon date. Then they shorted me about $140. I called and she gave me her credit card. I told her that she still owed for her sister in law. She assured me she would get with her with and take care of mailing me a check or giving me a credit card number. I told her at that time I had been charged near $200 by my bank and would keep her informed of the outcome. I tried to get a hold of her and her sister in law. No one would return my calls. ON Nov 2 I sent her an email stating that I was able to get the bank to only charge $85.50 and that the money from her sister in law had not been paid. I stated I would be running this charge on her card. I tried to call her and was unable to reach her. On November 12 I ran the card. for $116. She contacted me today LIVID saying I had no right to run these charges. Did I have the right? Do I have to return this money? If so, do I have recourse to take her to small claims court to recover.

Answer

She does have to approve any specific charge; you should either get her permission or void it and sue in small claims. Or argue that she did give permission orally.
Full browser ?