Can I ask for a refund after 5 months if I did not use a service?

I paid for $500 for classes intending to go 3 times a week. Unfortunatley I moved further from the schools location and I was diagnosed with kidney failure and 3 months ago I called the owner who told me to try and come. I said I would try. I still haven’t been able to go. I called last week to tell her that I would not be able to go and could I please have my money back since I went to none of the classes. She tod me no and that there are no refunds. I then asked her if I may view a copy of the contract that I signed and she said she would not do that and hung up on me. What are my legal rights if any to that money?

Asked on November 2, 2012 under Bankruptcy Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  First, make sure that you get a letter as to your medical condition and when it started.  Next, you have an absolute right to a copy of the contract and I wish that you had taken one when you signed it.  I always fear that parties will try and alter them should litigation start.  You need to send the woman in charge a letter by certified mail advising that your medical condition has not changed since you spoke with her 3 months ago and demanding a copy of the contract.  The contract will govern your rights so you need to see what it says.  If she does not comply I would sue her in small claims court.  If she does not produce a copy of the contract then you are going to have to prove the terms and your ability to cancel for medical reasons.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.