Can we get a refund back if we did not sign anything? 26 Answers as of April 01, 2013

My daughter was asked to go on spring break with a friend. The friend told her it would be $250.00. Even though money was tight, we agreed. 2 weeks later the girl came back and said the cost would now be $500.00. At this time we said that was too much and could not afford to go. We immediately asked for the $250 back and the mom said she would not refund our money. The issue is, she said 250 and then changed it to 500. She told us she lost money from a deposit. We did not sign anything and was under the impression the total cost would be 250 not 500. We feel she should return our money. Initially she said she would give it back on March 1st, we called her March 8 and she then said she would not be giving our refund.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I think that you have the basis to sue in small claims court. There was a material mistake as to the terms of the agreement, and so you are not obligated to be bound to the "contract." It has nothing to do with signing, it has to do with the basis of the agreement.
Answer Applies to: Michigan
Replied: 4/1/2013
Durham Jones & Pinegar | Erven Nelson
You are probably entitled to the refund. You could sue in small claims court without an attorney. Go to the Clark County Justice Court website for help.
Answer Applies to: Nevada
Replied: 4/1/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
You have to take her to small claims court in order to get the money back if she will not pay it.
Answer Applies to: Michigan
Replied: 3/25/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
This is really a matter of an oral contract. If you give me $250, I'll take you on this trip. That's our deal. Once you give me the $250, if I don't take you on the trip, I have to give you back the money. I can't double the price afterward unless we make a new deal maybe the trip is going to be better than before, and you agree to the new trip. Otherwise, it is just a breach of contract. You should write a letter to the lady in very plain language saying that you paid the agreed amount for the trip, and since she didn't deliver the trip, you want the money back, otherwise you'll have no choice but to sue her. You might even put in the bit about her agreeing to refund the money, then failing. Keep a nice copy of the letter. If she pays it back, all good. If not, file a small claims action for the $250 plus costs (filing fee, service of papers) without delay. At the small claims hearing, the judge will hear both sides and decide whether she owes you $250 plus costs. Your letter (and any other written documentation of the deal, such as emails, the canceled $250 check, etc.) and the testimony of yourself and your daughter should be enough to win the case. It's just common sense that she shouldn't keep your money for nothing, but the judge will certainly understand it if you tell him or her that you paid for something that she didn't deliver, and you just want your money backbreach of contract. Hope this helps. Good luck.
Answer Applies to: California
Replied: 3/25/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Sue them in small claims court.
Answer Applies to: Iowa
Replied: 3/25/2013
    Henry Lebensbaum | Henry Lebensbaum
    Sue in small claims court.
    Answer Applies to: Massachusetts
    Replied: 3/21/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    Take the woman to small claims court for the return of your money. The woman changed the agreement when she increased the stated cost. Under that circumstance the woman is not entitled to keep the deposit.
    Answer Applies to: California
    Replied: 3/21/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    If you were not warned that your money was non-refundable, then you may have a claim to get it back. If it is for $250, you must file your complaint in small claims.
    Answer Applies to: California
    Replied: 3/21/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You should receive a refund of your $250. There was no contract for a $500 payment and the modification was not agreed upon. If the money is not refunded you may file in small claims court to seek a judgment.
    Answer Applies to: Minnesota
    Replied: 3/21/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Sue in small claims court.
    Answer Applies to: California
    Replied: 3/21/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    This is a touchy issue and you have to evaluate the impact of a $250 battle and your daughter's relationship with this other girl. A lot turns on what was discussed and the understanding of the parties at the time money changed hands. Your note says nothing about what the $250.00 was to cover as far as costs. Was it her share of meals, or gas money, or to reserve an extra room? If it was up front that the $250.00 was for a deposit then you're probably on the hook if the cost jump was a mutual mistake. The fair thing would be for the person to refund the money to you, but is it really worth a prolonged fight over small amount of money that two years from now will be forgotten? It would be a different matter if the amount was known to be $500.00 all along and there was no really lost deposit. If they go on the trip without your daughter, why would they lose a deposit? How much was the deposit and why are they cancelling the trip? What was the deposit for and who knew it was non-refundable and what were you told?
    Answer Applies to: Washington
    Replied: 3/21/2013
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    It sounds as though you should be entitled to a refund under the facts as you have related them. It's truly shameful that the friend's mother is acting that way. The appropriate way to handle the situation would be to have it resolved by a Justice of the Peace. This is exactly the type of dispute that they are meant to help people with. Simply contact the closest Justice to you and ask what you need to do. The process is simple and the fee is very small.
    Answer Applies to: Louisiana
    Replied: 3/21/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    If there are any documents/contracts evidencing the transaction/trip/deal, a Michigan court will enforce the written terms. So you would need to read any such documents to see if you are entitled to a refund. If there are no written documents, then a court would try to do justice based on the testimony of the involved persons. Nothing is certain, but if the friend simply took the $250 and converted it to their use, it is likely a court would award it back to you/your daughter. On the other hand if the friend incurred a legally binding obligation re: the $250 a court may allow it to be kept. I would ask the other side to give you any written agreements they have with any travel companies in re: the situation, as well as to provide you "authority" for why they believe they can keep the money. If they have no proof that they were damaged by your daughter not going on the trip, maybe they will agree to refund the money. If not you may go to Small Claims Court in your city and file a claim for reimbursement.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    You are entitled to a full refund. She can't change the amounts, and then refuse to give the refund. You will probably need to go to small claims court to get it.
    Answer Applies to: Utah
    Replied: 3/21/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Try small claims court, which is easy and economical to use, and you don't need a lawyer.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    Law Office of Richard Winkler | Richard Winkler
    Was there a deadline for something that required a deposit for which the mother was relying upon a commitment? Assuming there was none, and seeing that nothing was in writing and that your daughter did not go, she should refund the money. If you file a small claims action, you will likely recover the money you paid.
    Answer Applies to: Rhode Island
    Replied: 3/21/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The misrepresentation was hers, regardless of whether it was made in good faith or not. If all of a sudden she refuses to refund the $250, you can bring a claim yourself in small claims court for the money, but you will have to pay a $500 filing fee, which the judge will add on to the $250 he will award you. You can tell the woman that she can either give you your $250 back, or you will get a judgment against her for $750 her choice.
    Answer Applies to: Florida
    Replied: 3/21/2013
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