What to do if I paid a driving instructor to teach my niece to drive but he failed to pick her up twice and now refuses to refund my money?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I paid a driving instructor to teach my niece to drive but he failed to pick her up twice and now refuses to refund my money?
I paid him $100 which was to be the first payment of 3 to total $400. After he did not pick her up the first time, I called to confirm the second appointment myself. Again, she waited for over an hour in a city parking lot alone and he did not come. I sent a certified letter that he did not pick up. How can I reclaim my money?
Asked on April 18, 2012 under Business Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, if a service provide fails to provide the service which he or she agreed to, he or she has breached the contract. The client/customer can terminate the contract without further obligation or penalty, and is entitled to the return of any money he or she paid. Unfortunately, if the driving teacher will not voluntarily return the money, the only way to recover it would be to sue him or her. You have the option of suing in small claims court, where you could act as your own attorney and would only have to pay a small filing fee (usually around $25); you would sue the teacher for breach of contract.
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.