How long can a company keep a payment in full for services not rendered?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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.