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I was wondering if...

I was wondering if you could give me some information. I recently was seeking legal advice for taking bankruptcy. I went for my second appointment, paid my entire legal fee, but in less than 5 minutes changed my mind and backed out. My initial consultation was free. They told me at the time of my appointment on 11/13/17 they would refund my money. Now I have gotten a letter that they are withholding $513.00 for their fees. No papers were filed. Is there any statute in North Carolina that prevents them from doing this when the decision was made in that short of time to cancel any further proceedings?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

North Carolina. The transaction was made on 11/13/17.

Lawyer's Assistant: Have you contacted the manufacturer?

There is no manufacturer. This was for legal purposes for bankruptcy

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I don't believe so

Submitted: 6 months ago.Category: Legal
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11/28/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,473
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thank you so much for your patience on this. This appears to be a classic breach of contract. The reason is because it appears as if they told you on 11/13/2017 that they would refund your money, this was a valid modification of your contract with them.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me?

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Customer reply replied 6 months ago
Even though they just "told" me they would refund my money, nothing in writing regarding the refund, they could still be in breach of contract? Is there a standard of so many business days a person has to cancel a contract?
Customer reply replied 6 months ago
No, please do not call.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Modifications can be done orally and they do not need to be in writing. So, even if they just told you, then it would still be binding and their actions would still be a breach of contract. There usually isn't' a standard that a person has to cancel a contract of this kind a tall. Parties are free to contract as they please. I would probably recommend advising them that you were told that you'd get a refund and that you'll take their organization to small claims court if they do n't refund your $ as they promised. What other questions did you have for me?

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