What to do someone do about a non-refundable fee to reserve a spot at school, if they changed their mind and never attended the school?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do someone do about a non-refundable fee to reserve a spot at school, if they changed their mind and never attended the school?

My wife applied to a local community college. After applying and having transcripts sent, she was asked to pay a $50 non-refundable fee to reserve her spot. The day after mailing the check, she changed her mind and cancelled the check before the school received it. She never signed up for classes or went any further in the system. That was a month ago. Now, she has received a letter citing Section 854 of Pa.’s penal code and demanding another $75. Can they come after her even though she never paid them and they never rendered any services? Why would they hold a spot for someone who never paid?

Asked on September 26, 2011 under Bankruptcy Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

My understanding is that under the laws of most states that if the check was cancelled before the recipient ever received it that the recipient (the school) cannot claim the money especially since your wife never signed up for any classes.

The reference to a Penal Code violation is improper in that one cannot expressly or impliedly threaten a criminal action to gain an advantage in a possible civil dispute.

I would write the school stating your position and its perceived impropriety referencing Penal Code section 854 keeping a copy of the letter for future reference and refuse to pay any money. I fail to see from what you have written how the school is entitled to any money from your wife.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption