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small claim101 · Nov 11, 2008, 03:51 PM

My son choose not to attend a summer camp I enrolled him in this summer. The partial refund was issued to my ex wife in error. She cashed the refund check and never spoke of it. She did not contribute any money, support or otherwise toward the camp purchase. It is a christain camp and they may or may not choose to use legal remedy to recover their loss. Can I sue her directly to put the cash back in my account with the camp?

Fr_Chuck · Nov 11, 2008, 06:26 PM

Who did you pay ? Her or the school. You may need to sue the school if they owe you the money,

Let them deal with the ex.

kraussnumber2 · Nov 11, 2008, 06:33 PM

Are you talking about a lot of money? Or just like a hundred dollars or so? Not that 100 dollars isn't a lot of money... I would love it if someone sent me that kind of money. Im just wondering if it is worth it to sue for it. I would try to get the money from the camp and let them deal with her. But is it worth it to further strain the relationship you or your son has with her over a small amount of money? Plus I would say that the camp is responsible... they sent the check to the wrong person. If they had sent it to a stranger they would still have to pay you so just because you know where the check went doesn't make it your resonsibility to recover the money. Good luck!

momof4and1 · Nov 11, 2008, 07:18 PM

I am going to assume that she filled out paperwork for the camp and "forgot" to add you to the info. That is why she got the check. You can definitely go to small claims. The way it works in my state is you go down to the courthouse, file your paperwork (10 minutes or so)and they will add interest, filing fees, etc to it and she has to come defend herself. Hopefully you have the copies of the check and maybe the camp registration, something from the camp that says there was a refund, she won't stand a chance. She sounds a lot like my husbands ex, we have been there- over and over. You could go the route of making the camp deal with her, but either way you are going to court. Our thinking was to finally take his ex instead of they other guy, and she realized we weren't going to mess around anymore. She hasn't pulled any crap for a few yrs. Now.

JudyKayTee · Nov 14, 2008, 08:49 AM

Originally Posted by small claim101

My son choose not to attend a summer camp I enrolled him in this summer. The partial refund was issued to my ex wife in error. She cashed the refund check and never spoke of it. She did not contribute any money, support or otherwise toward the camp purchase. It is a christain camp and they may or may not choose to use legal remedy to recover their loss. Can I sue her directly to put the cash back in my account with the camp?

I'm a little confused about how/why the camp lost money - they got $X from you and refunded that same amount to her from the way I'm reading this.

Or did they get $X from you, send $X back to her AND $X to you, therefore taking in one amount and paying out two amounts?

Have you asked your ex-wife for the money sent to her in error?

You can always sue her in Small Claims Court, of course, but I would think an easier course of action is to advise the camp that the wrong person received the refund and let the camp take it up with her - as FrChuck said.