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contribution recovery

Discussion in 'Small Claims & Municipal Court' started by rocket68, Mar 14, 2008.

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  1. rocket68

    rocket68 Law Topic Starter New Member

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    My ex husband & I agreed to send our daughter to a summer program costing $2200. He put the down payment of $500 & together both sides of the families contributed. He wrote a check to the company for cash contributions he had recieved. All checks were made out to the company. The prgram was supposed to have taken place in July of 2007. Just before the trip< i was called by my ex's wife to say that the company had called and due to insuffeciant registrations we could either move her to another session or get a refund. We first choose to move her, then after looking at the additional economic cost decided to "pull her out". I was told by my ex's wife - she was the one handling everything- that we would be getting a refund in about 8 weeks. After repeatedly asking her about the refund and being told this that and the other, I decided to call the company this January. I was told by the representative that no refund would be issued because our daughter had actually been dropped due to insuffecient payment. It seems that the down payment bounced and the check he wrote was on a closed account. Can I sue him for fraud since he knew that no refund was coming and did not diclose it? There was a chance for a refund up until Aug if proper steps had been followed instead of being covered up.
     

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