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Richard, Attorney
Category: Legal
Satisfied Customers: 53678
Experience:  Attorney with 29 years of experience.
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Good Evening... My son was going to a therapeutic boarding

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Good Evening...
My son was going to a therapeutic boarding school... we signed a contract with them. On June 20th they sent out an email stating that if we didn't double our tuition they would be forced to close on July 1st. Then they said they would remain open at least to the end of August... then on July 1st they said since we didn't agree to double our tuition that we need to get our son by the end of July.

We moved our son on July 5th.. I have since asked for a refund for 26 days of the last month tuition and $3100 pre paid medical fees. I was told that the prepaid medical was just a hidden fee to pay the placement agency to put my son in their program and I owe them $5000 because the contract states that if you remove your child prior to graduation you owe them $5000 in liquidated damages... and now that the parents that couldn't pay the increased tuition are moving their children, they sent a new email that said that they are not closing for the parents that paid the increase.

I feel like I have been blackmailed.... is this blackmail?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Hi there. It's not criminal blackmail, but you may have a case for criminal fraud if you can prove intent was there to defraud. Also, it is clearly a breach of contract for which you have civil recourse. You had a signed contract with the school and they breached the terms of it. Thus, you are entitled to a refund of all money and any damages you suffered due to their breach. In addition, because they were so brazen in their breach, you would be able to ask the court not only for your actual damages, but punitive damages as well because their actions indicate bad faith and fraud. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

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