Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I was wondering if you could give me some information. I…

Customer Question
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: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/28/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 8 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?

Ask Your Own Legal Question
Customer reply replied 8 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 8 months ago
No, please do not call.
Lawyer: Legal Eagle, Lawyer replied 8 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?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Thank You for being available tonight. I have a situation
Hello Pearl, Thank You for being available tonight. I have a situation dealing with a hotel reservation in my own town of Atascadero Ca. at the Holiday Inn Express. I went online to book a reservation… read more
Bill Attorney
Bill Attorney
law
2,801 satisfied customers
Was wondering about 3 day buyer's remorse law in NC, put 500
HI was wondering about 3 day buyer's remorse law in NC … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Can i share an experience i had with china southern airlines
hello can i share an experience i had with china southern airlines and get advice from you whether this can be a legal matter? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
My spouse filed bankruptcy chapter 7 in Nc. An adversary
My spouse filed bankruptcy chapter 7 in Nc. An adversary proceeding was filed by a creditor trying to object to her discharge. In reviewing her schedules in response to interrogatories she found two m… read more
Michael Bradley
Michael Bradley
JD
1,635 satisfied customers
I purchased a new automobile with a signed contract. I paid
I purchased a new automobile with a signed contract. I paid for some accessories with a credit card. The dealership had to keep the vehicle until the item was ordered and installed. In the transport v… read more
Bill Attorney
Bill Attorney
law
2,801 satisfied customers
I purchased appliances by credit card but never set up
I purchased appliances by credit card but never set up delivery because of hoarding clutter in home. What would be statute of limitations to try and get appliances or is it a lost cause.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
I live on a meager fixed income. I need to cancel my TV service
I live on a meager fixed income. I need to cancel my TV service because the rates keep increasing for one reason or another and I can no longer afford it. But they want to charge over $200 to do this.… read more
Thelawman2
Thelawman2
Doctoral Degree
1,721 satisfied customers
Im canceling my DirectBuy contract I signed on 8-11-12. The
I'm canceling my DirectBuy contract I signed on 8-11-12. The bottom of the contract says I have 3 business days (which include Sundays) to cancel. I've sent my certified letter to them today (8-13-12)… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Land that I was suppose to inherit is part of a deed of trust
Land that I was suppose to inherit is part of a deed of trust of a manufactured home that s being foreclosed. Can i pay of the value of just the land or do I havr to satisfy the entire deed plus mobil… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,243 satisfied customers
If I bought a product, via internet from another state and
If I bought a product, via internet from another state and needed to file suit against them, do I have to go to their state, or can I fil ein my own?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have an old credit card debt that was turned over to an attorney
I have an old credit card debt that was turned over to an attorney for collection . My agreement with them was that I paid $100 a month . Now they are saying that They will no longer accept this amoun… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I obtained a tractor loan in Florida where no UCC was filed.
I obtained a tractor loan in Florida where no UCC was filed. I moved to North Carolina and ran into massive debt problems a couple years later including pending foreclosure on my home. I panicked and … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Can I file a small claim against someone in North Carolina
Can I file a small claim against someone in North Carolina when I live in Kansas? And if so how?… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
Business failure may require me to file for personal bankruptcy
Business failure may require me to file for personal bankruptcy because of personal guarantees. Want to protect my home, which has not been used a collateral and would be excluded. Should I quitclaim … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
What would the title of a Motion be for a Motion filed in
What would the title of a Motion be for a Motion filed in US District Court to petition a judge to reconsider and rewrite his former opinion that had errors of assumption in it time for appeal has pas… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
If I was a victim of fraud and I have the name of the person
If I was a victim of fraud and I have the name of the person who received the item, but has not paid for it, what can I do? I have the signed receipt where he signed for it.… read more
Family Law Answers
Family Law Answers
Juris Doctorate
1,261 satisfied customers
I am considering filing for bankruptcy. My father passed away
I am considering filing for bankruptcy. My father passed away last year and my 2 siblings and I are trying to sell his home. We are listed as grantees of the deed. Can a judgement be put against the p… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I sold an item on ebay for $75 to a person in North ...
I sold an item on ebay for $75 to a person in North carolina. He paid for the item through paypal (an online payment system). 3 days later, I refunded his money through paypal and did NOT ship the ite… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x