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

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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

Answers:

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.


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