If I paid a starter fee for modeling classes for my daughter but they were not given, legally do they have to give me my money back?

I was called for an audition for my daughter and they told me they wanted to represent her but that she needed acting classes. After thinking about it I said OK, so I signed a contract and paid the starter fee and waited. It’s now been months and she hasn’t started anything. I have a hard time getting the company on the phone, but when I do they say I have to talk to the woman who signed us. I have left many messages. Do they have to refund me the money I paid since they are not honoring our agreement?

Asked on July 3, 2012 under General Practice, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the company for breach of contract if it does not refund your money.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price (the fee you paid).  You might be able to file your lawsuit in Small Claims Court.  Your damages, in addition to the contract price, should also include court costs.  Court costs would include the court filing fee and process server fee.


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 AttorneyPages.com 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.