What to do if I paid a driving instructor to teach my niece to drive but he failed to pick her up twice and now refuses to refund my money?

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What to do if I paid a driving instructor to teach my niece to drive but he failed to pick her up twice and now refuses to refund my money?

I paid him $100 which was to be the first payment of 3 to total $400. After he did not pick her up the first time, I called to confirm the second appointment myself. Again, she waited for over an hour in a city parking lot alone and he did not come. I sent a certified letter that he did not pick up. How can I reclaim my money?

Asked on April 18, 2012 under Business Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, if a service provide fails to provide the service which he or she agreed to, he or she has breached the contract. The client/customer can terminate the contract without further obligation or penalty, and is entitled to the return of any money he or she paid. Unfortunately, if the driving teacher will not voluntarily return the money, the only way to recover it would be to sue him or her. You have the option of suing in small claims court, where you could act as your own attorney and would only have to pay a small filing fee (usually around $25); you would sue the teacher for breach of contract.


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