Legal Question in Credit and Debt Law in New York

I originally bought a 100 hour package of electrolysis for $7500, which comes out to $75 an hour. But since I�m cancelling and getting a refund, it makes more sense to use the normal hourly rate of $125. I've had 12 hours of service so far, and calculated at the normal hourly rate that comes to $1500. Taking the $7500 I initially paid, minus the $1500 for 12 hours of service billed at the normal rate, $6000 is the remainder. I asked for a refund back on the 4th, and so far the business has requested to talk over the phone (which I don't want to do since there is no record), and has only send very minimal email responses which do not state that they will refund me. The business has no refund policy, so I think I'm in the right. Is litigation the right move? For me $6000 is a lot of money, but I'm worried that if I sue I'll just end up with a large legal fee and no refund. Do you think I'm being reasonable in my request for a refund? If I do sue, can I sue for travel expenses (I'm in Washington state, and the business is in Buffalo NY), and lost wages? Thank you for your advice!


Asked on 10/15/12, 3:44 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

The entire transaction is a contract between you and the provider of the services you purchased. You HAVE to examine the agreement. If it exists, it controls as long as none of the clauses in the agreement violate public policy OR have been litigated already (in some other matter). Is there a written agreement that accompanied the sale? Refunds are NOT normally assumed, they are usually determined when the parties are negotiating at the beginning of the transaction. IF there ISN'T a refund policy why do you think you should get your money back? Who are you suing? Is it an individual or a corporation? You could sue in SMALL CLAIMS COURT in the County where the debtor is located BUT just if you win it does not mean you WILL GET PAID. Court's are NOT concerned with IF you get your money, they are only concerned with determining whether the party you are suing is LIABLE to you for the debt. Collecting is YOUR PROBLEM. If you wish for me to take a better look at the matter send me the entire matter in an attachment to my email [email protected] and I will be able to give you a more complete answer. You do NOT get your travel expenses, lost wages or anything else for your trouble.

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Answered on 10/15/12, 5:21 pm


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