Private schools, daycares, and camps routinely treat enrollment deposits, and sometimes an entire year's tuition, as forfeited the moment you sign. New York courts have repeatedly refused to enforce these clauses as penalties where the school's actual loss doesn't match what it kept, particularly when the seat was filled from a waitlist. A demand letter from counsel makes the school do the math.
Flat fee $499, signed by a licensed New York attorney, mailed within 48 hours.
Under New York's common-law liquidated damages doctrine, a school keeping a deposit, or demanding a full year's tuition after early withdrawal, must show the amount reasonably estimates its actual damages. A school with a waitlist that refilled the seat may have no loss at all, and New York trial courts have applied this analysis to strike down tuition forfeiture clauses in individual cases.
If the program closed, cut its term short, or materially failed to deliver what was promised, that's the school's breach, and refund of prepaid amounts is the baseline restitution remedy.
Where refund policies, program features, or enrollment terms were presented deceptively to consumers, GBL § 349 provides actual damages or $50 minimum statutory damages, treble up to $1,000 for willful violations, and attorney fees.
GBL § 349(h)
Not automatically. New York courts treat these as liquidated damages clauses and test them against the school's actual loss. Where the seat was refilled or the withdrawal came early enough to mitigate, lower courts have declined to enforce full-year forfeitures. Outcomes are fact specific, and the letter is built on your facts.
No. If the provider failed to deliver the program you paid for, you can demand your money back rather than a credit on the provider's terms.
Yes. The letter disputes the debt, states the legal basis, and puts the school and its collector on notice that the claim is contested by counsel, which changes how collectors treat it.
5.0 ★★★★★ · 15 Google reviews · Read all reviews on Google →
Daniel Hochman provided exceptional legal assistance with a difficult security deposit dispute. Thanks to his clear strategy, well-crafted demand letters, and prompt attention, the issue was successfully resolved quickly. He was communicative, thorough, and an absolute pleasure to work with... Read on Google
I highly recommend Daniel G. Hochman, Esq. for handling defamation and libel issues. From the start, he was incredibly responsive and understood the threat to my professional reputation as a Registered Nurse... Read on Google
I used Demand Letter NY for a cease and desist letter after two years of harassment from a neighbor. The attorney called me the same day, explained everything in plain language, and had a full draft to me within hours. It covered every incident, every police report, and every point I asked for... Read on Google
Daniel Hochman is an exceptional attorney and wonderful human being; I highly reccomend him. The wise say that a Man of Integrity needs "3 A's" to have a smooth and successful life: a great accountant, a masterful agent, and an expert advocate. I'm honored to have Daniel as one of my advocates... Read on Google
Had a serious problem with someone who would not leave me alone. DemandLetterNY had a cease and desist letter ready the same day, for a flat, fair rate with no retainer. Daniel is sharp, professional, and took the time to explain my options after... Read on Google
Say less and get a Demand letter written and sent by Mr. Hochman, Esq. He is responsive and professional!!!
Prior results do not guarantee a similar outcome.