How doI get a deposit refunded?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI get a deposit refunded?
I’m from Brazil. 3 months ago I was going to LA for studying Englishl. Unfortunately my visa was denied. Since June, I’m trying everyday to get my money back. I have the right to receive my $200(first tuition deposit). Unfortunately I don’t have many options to receive this money. This school is doing everything to hinder that I receive this money. I tried everything, but unfortunately this school does not care about the students. Their rules are unfair. I wanna sue them and to claim a compensation. I need urgently of a lawyer with contingent fee.
Asked on November 11, 2010 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, you may not have any grounds for recovering the deposit. The purpose of the deposit is three fold: first, to compensate the party receiving the deposit in the event the other party does not perform; second to make it more likely that the other party performs by giving them an economic incentive to do so; and third, as compensation to hold the spot, goods, or services. In short, the purpose of the deposit is to be forfeited if the person paying it does not perform. If you could not perform due to circumstances fully beyond your control, that may void the agreement and entitle you to the money back, but whether or not your visa was denied constitutes that is an open question, since it will turn on why your visa was denied (e.g. did you wait too long to apply? do the paperwork wrong? etc.)
Of course, the agreement with the school may give you the right to get the money back. If the agreement provides for a refund, you're legally entitled to it.
That brings up the second issue: typically, in a case like this, all you could sue for is the money owed you--$200. I cannot imagine any attorney taking this on contingency, since even receiving 40% of the fee would be only $80, which is usually less than 1 hour of an attorney's time. You could try suing yourself, but especially if you're out of the country, it's going to cost you more time and money than it's worth. There is no cost effective way to get $200 back through the legal system.
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.