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Can I get remain half money back in small claim court?

I have a dispute with a private after school program. The company agreed to refund half of my payment after I sent them a 30 day demand letter. They sent me a check which I can't cash it. The date on the check is three month later(12/1/2010). What should I do? Can I get remain half money back in small claim court?

Money Back

The limit for small claims in MA is $7000. If the amount you want back is equal to or less than that, you can file a small claim for the full amount. Whatever you do, DON'T CASH the check since this could be construed as an acceptance of a settlement offer for the lesser amount. In any event, the fact they sent you a post-dated check is a little sketchy to begin with.

Once you file the small claim, contact the private school or the program administrator and let them know they can expect service of the small claims process. This is a good opportunity to re-open negotiations w/ them about your refund. If they still don't want to give you the full amount, go ahead w/ the small claim, though make sure you start/continue to document all contact with the other party, including saving any receipts, correspondence, etc. you have had w/ them concerning this matter.

David Aleksic

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