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?
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
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