Unwritten Contract

[grw559]

What is the name of your state (only U.S. law)? California

We hired a drum teacher to teach our 9 year old son how to play. The fee was $100 per month for once a week lessons for half an hour each. We prepaid for the month before lessons were started so every month he got a check for $100 for 4 lessons. This went on for about 9 months without issue. At the end of this Feb we gave him another check for $100 for March. A day or two after we gave him that check we decided to not use him anymore and let him know we would like our $100 back since he did not perform any duties for that money. He has refused saying that he does not owe us anything because he says we pay for the month in the month he gives lessons. I tried to explain to him that everything was prepaid from the start and never changed. I tried to tell him that he was always prepaid because he would have never started giving lessons unless he was prepaid for the month of lessons. The guy truly does not get it. What would you do?

 

[Nellibelle]

What is the name of your state (only U.S. law)? California

We hired a drum teacher to teach our 9 year old son how to play. The fee was $100 per month for once a week lessons for half an hour each. We prepaid for the month before lessons were started so every month he got a check for $100 for 4 lessons. This went on for about 9 months without issue. At the end of this Feb we gave him another check for $100 for March. A day or two after we gave him that check we decided to not use him anymore and let him know we would like our $100 back since he did not perform any duties for that money. He has refused saying that he does not owe us anything because he says we pay for the month in the month he gives lessons. I tried to explain to him that everything was prepaid from the start and never changed. I tried to tell him that he was always prepaid because he would have never started giving lessons unless he was prepaid for the month of lessons. The guy truly does not get it. What would you do?

Do you have receipts documenting each payment you made to the drum teacher? If not, it will be pretty hard for you to get your 100.00 back. If the teacher DID give you a receipt for the 100.00 showing exactly what it was for, you have recourse to file a small claims case in which you'd have a very good chance of recovering that payment along with your filing fees.

 

[eerelations]

Do you have receipts documenting each payment you made to the drum teacher? If not, it will be pretty hard for you to get your 100.00 back. If the teacher DID give you a receipt for the 100.00 showing exactly what it was for, you have recourse to file a small claims case in which you'd have a very good chance of recovering that payment along with your filing fees.

All she needs is the cancelled cheques.

 

[quincy]

What is the name of your state (only U.S. law)? California

We hired a drum teacher to teach our 9 year old son how to play. The fee was $100 per month for once a week lessons for half an hour each. We prepaid for the month before lessons were started so every month he got a check for $100 for 4 lessons. This went on for about 9 months without issue. At the end of this Feb we gave him another check for $100 for March. A day or two after we gave him that check we decided to not use him anymore and let him know we would like our $100 back since he did not perform any duties for that money. He has refused saying that he does not owe us anything because he says we pay for the month in the month he gives lessons. I tried to explain to him that everything was prepaid from the start and never changed. I tried to tell him that he was always prepaid because he would have never started giving lessons unless he was prepaid for the month of lessons. The guy truly does not get it. What would you do?

What were the terms of your unwritten contract? Did you agree to hire the drum teacher for a year of lessons, 4 lessons per month, or was your agreement a month-to-month arrangement, where either party could cancel at any time? Do both you and the drum teacher remember the terms of this unwritten contract the same (other than the obvious disagreement over how he was paid)?

You can use the cancelled checks to prove payment. Make a copy of each check and send the drum teacher this proof of payment along with a letter requesting the return of the $100 overpayment.

The filing fee for a small claims action is $30. Here is a link: http://www.courts.ca.gov/selfhelp-smallclaims.htm

 

[latigo]

What is the name of your state (only U.S. law)? California

We hired a drum teacher to teach our 9 year old son how to play. The fee was $100 per month for once a week lessons for half an hour each. We prepaid for the month before lessons were started so every month he got a check for $100 for 4 lessons. This went on for about 9 months without issue. At the end of this Feb we gave him another check for $100 for March. A day or two after we gave him that check we decided to not use him anymore and let him know we would like our $100 back since he did not perform any duties for that money. He has refused saying that he does not owe us anything because he says we pay for the month in the month he gives lessons. I tried to explain to him that everything was prepaid from the start and never changed. I tried to tell him that he was always prepaid because he would have never started giving lessons unless he was prepaid for the month of lessons. The guy truly does not get it. What would you do?

The "guy doesn't truly get it" ???

The truth is that he has it and you ain't going to get it back!

You prepaid the agreed fee for the March lessons and no indication that he didn't/doesn't stand ready and willing to fulfill his end of the bargain. Which makes you the welcher not him. All of which is undoubtedly a blessing for your neighbors.

Now if you want to take him to small claims and try to prove that his damages for your breach of the agreement is less that the hundred bucks, then have at it. Judge's always look fondly on litigants stealing their daylight over such earth shaking issues.

In the meantime give the kid a couple of chop sticks and a tin pan.