How long can a company keep a payment in full for services not rendered?

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How long can a company keep a payment in full for services not rendered?

My husband purchased tickets for a hot air balloon ride. The company’s policy said payment in full was due first then they would schedule the ride. It has been 18 months since then and every time our ride has been scheduled the company has canceled (at least 7 times). Over the last couple of months we have requested a refund, but have yet to receive anything from the hot air balloon company. Do they have any right to keep our payment and for how long?

Asked on October 8, 2010 under General Practice, Illinois

Answers:

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

Answered 10 years ago | Contributor

The hot air balloon company does not have a right to keep your payment and should have provided a refund within a reasonable time.  You can sue the hot air balloon company for breach of contract as they have failed to provide the balloon ride within a reasonable time and have failed to provide a refund.  You can file your lawsuit in Small Claims Court.  Your damages (the amount you are seeking to recover) would be the amount you paid for the balloon ride and court costs such as the court filing fee and process server fee.  Prior to filing a lawsuit, you should send the president of the balloon company a letter stating that if you do not receive your entire refund within 10 days of the date of your letter, you will file a lawsuit without any further notice.  Sometimes  that type of letter will prompt action and you may receive your refund without having to file your lawsuit.


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