Legal Question in Consumer Law in New York

Small Claims Court

In 1999, I sent a Film Academy a check for $500 to enroll. I never received an acceptance letter so hired an attorney to write a letter in an attempt to get my money back. We never got a response. At the time, I lived in Indiana. Since that time, I have moved to New Jersey. I went to the Academy to explain my situation face to face. They didn't have record of my check so I gave them a copy. They told me they wouldn't give my money back, but if I could find someone who wanted to enroll with their school, I could make arrangements for them to give me the $500 and they would credit the person who enrolled the $500. I just want my money back.

I have proof of my check and the letter from the attorney in Indiana stating that I had made several attempts to contact them, yet I received no acceptance letter. Their contract states that there was no refund unless I was not accepted. If I received no acceptance letter, then I don't know if I was accepted or not.

Do I have a case to get my $500 back plus the $100 I had to pay the attorney to write a letter to them?


Asked on 5/21/01, 7:42 pm

1 Answer from Attorneys

Re: Small Claims Court

Yes, you have a claim

File in small claims court in the jurisdiction

where the company does business

You may or may not recover the $ 100 in attorneys

fees because in the US everyone is supposed to

Pay their own attorney

Read more
Answered on 6/22/01, 10:59 pm


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