Won't give back my deposit. Extenuating Circumstances

[Gotwake22]

I live in upstate NY and was signed up to take a class out of state (NH). I put down a $500 deposit, and then paid the balance prior to the course start date. As I was driving the 8 hours from my home to the site of the course, my car's transmission failed, leaving me stranded 5 hours from my destination with $2500 in car repairs. The business offering the training refuses to refund my deposit, instead offering me a credit to a future course at their campus. I'm moving to California next year, and will not have the opportunity to take a 3 week long course at their facility.

Do I have a case at small claims court for my deposit? Can I file it in my town, where I made the phone call to authorize the charging of my credit card? They conduct courses in my home state at sponsors' facilities.

Thanks for any advice!

 

[dee_dub]

What, if anything, does your contract state about whether the deposit is refundable?

 

[Gotwake22]

"All deposits are Non-Refundable, and Non-Transferable."

Probably not a good sign for me...

 

[dee_dub]

Sadly, no. Although it sounds like they have already agreed to transfer the deposit (or the whole cost) to another course of your selection.

You *might* be entitled to relief from forfeiture - some jurisdictions statutes (such as a Law and Equity Act) which gives a court the power to order the other party to give your deposit back, in certain circumstances. I don't know whether New York has a such a thing, and I suspect you don't fit the criteria. (Typically the deposit has to be "penal" in nature, and I see no indication this is.)