Albuquerque, NM asked in Contracts for New Mexico

Q: Can I get my non refundable fee back?

I went into contract with a person, she never fulfilled her part of the contract and now claims she’s entitled to the non refundable deposit fee of$3,500

The contract was for a one month course training for permanent makeup. I paid a little over $7,000 up front paid in full. Total course hours 255 it took almost an entire month to get 36 hours total. I’d had enough and demanded my money back because of her complete incompetence. She refused. I filed court papers, had her served personally and zero response from her. I filed for default judgment and had a garnishment through her bank, she responds by filing an emergency lift and gets it, judge wouldn’t hear anything and sets a trial date. I have no idea what I’m supposed to do. I got conned by a con artist. I have no money for a lawyer, would legal aid help me?

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1 Lawyer Answer

A: If you have the financial resources to give over $7,000+ to a complete stranger who promised to educate you in how to apply permanent makeup in only one month, then you surely have enough money to hire a competent lawyer.

The case looks easy to prove--if you can admit to being gullible and stupid. Do the math: There are 240 working hours (i.e., 8 hours per day) in a 30 day month. The promised 255 hour course would require 31.675 days to complete. This self-evident fact alone is compelling evidence of fraud in the inducement.

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