Legal Question in Civil Litigation in Illinois

My wife signed up for a martial arts class right before she got pregnant. She did not attend any classes. I would like our $300 deposit returned to us, but the owner of the martial arts studio refused. He also wants to start charging us automatic debt fees for the classes. Its now 5 months after the baby was born and fees are scheduled. I want to stop the charges before they start, and get the deposit back. Do we have any legal ground to stand on? Does the pregnancy void the contract? Help!!


Asked on 10/05/09, 1:17 pm

2 Answers from Attorneys
Shell Bleiweiss Law Offices of Shell J. Bleiweiss

Did your wife sign a written agreement when she signed up? If so, the terms of that agreement define your rights and obligations. If there is no written agreement, you may be able to terminate simply by giving notice. I would do it in writing and keep a record of it. You probably can't get the money paid already back.

Shell Bleiweiss

http://www.shell-bleiweiss.com

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Answered on 10/10/09, 1:55 pm
Nima Taradji Taradji Law Offices

If there is a contract governing this transaction, the fact that the services were not used is irrelevant. Read the contract, if any , and it will tell you what you can and cannot expect.

I do not know what is an "automatic debt fee."

If there are no contracts, then you can simply tell the person that you will not pay and that would be the end of it. In that instance, you may be entitled to the down payment back however, collecting it is the real issue and in all likelihood you will never see that money again.

I hope this helps-

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Answered on 10/10/09, 3:02 pm


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