Check out some similar questions!

do72as · Feb 8, 2011, 02:51 AM

I participated in a religious (supposedly messianic) lecture and tour program in Israel from November 7 2010 but was dismissed in mid December because I expressed a different view on a particular topic. The five months program was cut short for me to one fifth of the allocated time.
The American program host, based in Carteret NJ, is now unwilling to refund me the remainder (over USD 4,200) of the prepaid tuition fee. He offers instead a mere $ 1,000, while defaming and intimidating me through invented accusations in writing and in front of the other attendants back in Israel. His intention is obvious: In his authoritative and extremely controlling manner he tries to convince me that any attempt to recover my financial loss would be futile. But to my mind, such a person must not get away with this fraudulent activity.
As a permanent Australian resident and German citizen, I (62) would like to understand what options I have and if a Civil Penalty would be one of them. What legal bodies would handle such a case? What chances of success do I have? In early January I tried to contact a NJ Lawer firm but never got a reply. Then I wrote for advice to the German Embassy in New York and received some sheets of information, no specific advice.
I've been searching various sites on the internet, but feel overwhelmed and confused with all the general information I'm finding there. I have not been able to pinpoint a practical avenue for solving my problem. Can you please me? G.B.

smoothy · Feb 8, 2011, 06:35 AM

There must be far more to this story than a simple disagreement on a viewpoint.

THere ARE situations one can be dismissed and not expect a full refund. And they always fall on the responsibility of the attendee. The only cases a full refund can be expected is if the problem was the fault of the group holding the event... or situations beyond anyone's control.

If you was dismissed over what would be considered disruptive behaviour... the best you can hope for is a partial refund.

Of course you can TRY a civil suit... but you would have to bring the case here in the USA... and that means the expense for you to come here for it. At your expense, particularly if you lose. The Host is based here... and NJ would be the Venue that has Jurisdiction.

You also have to be VERY careful accusing someone of "Fraud" as that can be considered Libel.. and defamation and could result in an action against you. Because you can't prove they are in fact guilty of committing any fraud absent any conviction on their part.

You can easily double or triple the amount you are out attempting to recover most of which you may not be able or entitled to recover.

Keep in mind that sometimes while you might be entitled to a suit... it might cost you far more than you can recover. IF you win, if you lose your costs will be far higher.

AK lawyer · Feb 8, 2011, 06:54 AM

Originally Posted by do72as

...
The American program host, based in Carteret NJ, is now unwilling to refund me the remainder (over USD 4,200) of the prepaid tuition fee. ... I (62) would like to understand what options I have and if a Civil Penalty would be one of them. What legal bodies would handle such a case?
...

You say you contacted counsel in New Jersey, but he failed to respond. I would say that is the right idea: sue the person who owes you money in New Jersey; but there is an obvious practical impediment:
You are in Australia and presumably traveling to the U.S. for a trial might not be practical or cost-effective. Is that what you were wondering about?

do72as · Feb 8, 2011, 08:01 AM

Thank you very much for your response.
I'm at the stage of trying to ascertain the level of risk I would be taking if I sued the program host for the owed amount.
I contacted a lawer in NJ on January 4 and a few times after that, but got no response.

do72as · Feb 8, 2011, 08:38 AM

Thank you for your speedy reply.
The point I was trying to make is that his accusations against me, including the ones of 'disruptive, unambassadorial behaviour and breaking of protocol', were his inventions in response to my very civilised statement that I was 'uncomfortable with one particular aspect of his teaching', one that is clearly of a secular source and character, while he calls himself a Messianic Bible teacher and his program a Bible school. In my view, the host felt threatened by my scriptural insights and my unswerving implementation of them, which compelled him to dismiss me in order to avoid a schism in the group.The contract though does allow for faith and conscience related disagreements. It also states that a refund is not given if the attendee causes dismissal, therefore it is in the host's interest to prove me guilty. There's no mention in the contract of (unjustified, unfair) dismissal through the host.

smoothy · Feb 8, 2011, 08:52 AM

Remember there are always two sides to every story... (in group even more)and with opinions many times its in everyone's best interest that everyone keeps them to themselves.

Particularly in a group environment where others have paid a large sum of money to attend as well.

I wasn't there so I can't speculate from either my viewpoint or from his what actually happened, we only have one sides perspective. But speaking as someone who has traveled as part of a group several times one disruptive person in the group can and will ruin it for everyone. Debate isn't welcomed or wanted in many situations... this appears to have been one based on what you have said.

And to your point of can you sue... yes you can sue... but it will be under US law and follow US standards of proof.

If you bring suit... you will have to bear the burden of proof, not them as the defendant. That's how the system works. And they will be able to bring up any and everything you said or did before you left as evidence.

You will also have to pay out of pocket to come and live in the USA during the period of the trial. And that won't be refundible under small claims court rules.

All they have to do is file for a continuence once or twice (their right)... and your costs can easily excede the amount you are trying to win by several times.

This assuming you don't provide them any evidence of a defamation claim... or Libel or slander they can use against you as a separate case.

So... in the end... yes you can sue, it would have to be here... in NJ... and in small claims court.. you can't have a lawyer representing you in most small claims courts. Don't know about NJ. Include a lawyer for consulting alone and the unrecoverable costs will far exceede any amount you could win. And that only assumes you do win. Which is not guaranteed.

Is it really worth your time and money? Even if you think you are right? Sometimes its not.

If it was me... this is something I see as even if you win... you still lose situation.

do72as · Feb 9, 2011, 02:39 AM

Thank you for explaining this to me. It does appear that the risk I would be taking in sueing is too great.

smoothy · Feb 9, 2011, 05:36 AM

I wouldn't call it Risk... I would call it Cost. In this sort of suit... your actual risk is low (if you lose, you are out what you spent and court costs usually, unlike the UK where the loser pays both sides legal fees)... but your cost is high being you aren't a local resident. And even if you win... your real costs will likely far excede what you can recover.