Legal Question in Credit and Debt Law in California

I need help in determining if I have a case here, if this is a breach of contract and if there's anything or what can I do about it. In January of 2009 I signed up at quick college school to learn computer networking, cost $18K. When I signed up, they told me that classes are available every night and it would be possible to finish the program in 35 days. Before the first day of school the student admin told me that they cut 2 days from the orginal 5 days a week classes. After a couple of days, again the student admin cut another day school so it's down to 2 days a week. I agreed to the whole thing since I already signed up for the classes. After a week another change was done and 3 more days was going to be cancelled. At that point I called and emailed the education consultant and drop out. March of 2009 the drop out was approved and refund will be applied to the account after 30-45 days. The refund will be less because I will be paying for the classes I attended. I got a run around and didn't get a response from the school until November. I spoke to the General Manager of the company and agreed to a monthly refund payment. The agreement is payment will be sent to me and received by the 20th of every month. I received the first payment on December. No its January 25th and have not received a payment. I just learned that the company had closed back in December and was bought by a different company. The general manager is still the same. I've called them and has not received a response. Do I have a case here and what can I go after? I just want the refund, I am willing to pay for the classes that I did. Thanks.


Asked on 1/25/10, 12:18 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

There is no question but that you clearly are entitled to a refund, and you may even be entitled to the entire tuition [are the individual courses you took worthwhile in themselves or only as part of the entire course; was being able to show future employers a degree or certificate of finishing the courses of value?]. The school was intentionlaly taking your money with knowledge that they would not meet the terms of the contract.

The real question is whether you can collect any money. Often when when company buys all of the assets of another company they also take on all of the debts too. If the new company uses the same buildings, materials, personnel of the old company, has the same investors, then it is eally the old company with a new name and liable for all of the old debts. But does it have any assets you can go after?

You can contact me by phone 510-441-2684 so that we can further discuss the situation.

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Answered on 1/30/10, 3:17 pm


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