I signed up for a diet program with a chiropractor who is also a nutritionist who would not give me a refund because a piece of paper was signed. The document says "MAY NOT" be refunded. It does not say "WILL NOT". To me this means 2 different things. Do I have a case?
2007-05-07 07:21:55 · 5 answers · asked by theresa s 1 in Politics & Government ➔ Law & Ethics
You need no lawyer for small claims.
2007-05-07 07:25:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You've got three questions here.
(1) Can you take someone to court if they won't give you a refund?
(a) Yes, subject to the particulars of the contract, the local consumer protection laws and other factors. Does this mean YOU will win? No.
(2) Do you need a lawyer for small claims?
(a) Probably not. In most states, the point of small claims is to get matters resolved quickly and justly, without lots of expenses. In some states, lawyers CANNOT represent clients at small claims court. The local court administrator/clerk of your county would be able to give you the small claims procedure in your locale.
(3) Do you have a case?
(a) No one on this site should answer that question for you. We don't have the contract to read; we don't know the circumstances of your agreement with the chiropractor; we don't know the consumer protection laws in your state; we truly don't know anything. I would agree, as a factual matter "MAY NOT" and "WILL NOT" are two different things. But Anyone who says that you have a case is probably practicing law without a license (or creating an attorney-client relationship over the Internet, which is a bad thing). Call a legal aid society, or the legal clinic at a nearby law school. Or just bring your claim in small claims court if you believe that you have one.
Good luck.
2007-05-07 07:29:09 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
May not, will not, shall not! You are on a slippery slope, you are splitting hairs, and they all mean about the same.
May not means to most, that is up to them whether to refund your money. However, there are civil laws concerning some programs and merchandise that cover these areas. Just because someone writes a disclaimer on a box does not protect them from being sued!
You can represent yourself in small claims court. Most people do! However they are probably gong to have a lawyer, so the decide whether it is worth it!
2007-05-07 07:31:03 · answer #3 · answered by cantcu 7 · 0⤊ 0⤋
Sorry you have no case.
"May not" means, it is at the chiropractor's pleasure IF they want the give the refund.
When you signed the contract, you agreed to those terms.
I work at a Major Law Firm.
"Caveat Emptor"
2007-05-07 07:27:13 · answer #4 · answered by lilpuppy6 3 · 0⤊ 0⤋
If you signed a contract you really don't have much to go on. unless they were misleading or did not fill thier side of the contract. good luck
2007-05-07 07:27:16 · answer #5 · answered by michael c 2 · 0⤊ 1⤋