Therumancer said:
Without some kind of verifyable agreement in writing you don't have a legal leg to stand on.
this isnt totaly true. we are talking about a Small Claims Court issue here, and the laws on these kinds of issues arent hard core set in stone. its the reason that TV shows like "judge Judy" can even work at all.
now im admiting flat out that most of what im talking about COMES from taht very source, (Judge Judy) but ive seen more than one time when there WAS a written contract and she ruled against it, and again more than once when there wasnt nothing more 'firm' than a simple verbal agreement and she ruled FOR it. its all in the details of the case.
it seems to me that with a room full of people that are charged a fixed rate per session, and these people can testify that jockstrap WAS a regular player for 2 years than from a simple who owes who what standpoint, the fact taht the owner charges, and that all these people pay and this kid HAS played for years than there is no doubt that on the basic face of the 'facts' that the kid has presneted hes owed a refund on the ballance he paid that he now doesnt get to use. ESPECIALY if the KID chose to simply pay in advance and it wasnt and it wasnt part of a long term deal.
if the usual business was to pay as you go, than the kid paid in advance there was no contract that would preclude his getting his cash back. if it was a case of the owner accepting payment as you go but ALSO setting up a long term payment plan that said something like .......... if you pay a year in advance you get a discount, than THOSE terms would govern this. in any event its seldom that ive ever seen 'judge judy' rule that anyone is entitled to keep cash for services NOT provided. if the kid paid on January 1st for the year and the owner booted him on January 2nd even WITH cause the ruling is generaly a refund. the only way the owner gets to keep the cash is if he can show that hes actualy out of pocket like the kid broke a widow or something. and even in cases like THAT the owner doesnt just get to keep the cash, his proper course of action is to file his OWN small claims case to recoup the cost of the window.
nope, i cant think of any way that the owner gets to keep the cash for a service he didnt provide even if it IS only $20. as long as you can prove that the kid paid , the kids entitled to his cash back. and from what im reading here, even if the other players dont agree to 'stand up' to the owner. all the kid would really need to do is to establish taht the owner charges for renting the rooms and that he was THERE playing for 2 years, for any judge to say there is no fucking way in HELL that an owner is gunna pick this one kid out of who knows how many and just let him show up and play WITHOUT charging him when he clearly charges everyone ELSE. the owner could flat out lie and said the kid never paid him anything, but as long as the owner charges OTHER people for the same service that the kid was getting than the judges next question would be "why let THIS kid play for free when you charge everyone else?" and the 'ring of truth' would sound and the Judge would relize that the owner is lieing and make him refund the cash.
there is alot of freedom allowed in small claims courts for judges to make common sence rulings. this is EXACTLY one of those kinds of cases. unless this kid went totaly of the rails and started a fire in the basment or pulled a gun than the kids entitled to his cash back. and if he DID go off the rails it wouldnt be a small claims court case it would be before a law judge and the kid would be looking at jail time.
in any case its prolly best to get the parents involved. not just because im assuming that jockstrap is just a 'punk kid' but because all to many times the ADULTS in these kinds of situations use THEIR age and authority to abuse kids. as i say, the owner might be used to bullying kids, but dealing with other adults is a whole nother matter. if hes an asshole to the parents than it DOES become about more than just the $20 then. it becomes about putting this fucktard in his place and make him understand that if you dont like kids thats one thing, but you dont get to build a business on things kids like than take advantage of their youth to bully and extort them.
in any event im struck by the fact that even if the kid was a TOTAL smart ass punk than what the owner SHOULD have done was just give him his $20 and told him to drag his ass. the owner IS after all the adult. and i dont know exactly WHERE this took place, but alot of areas in America dont allow adults to make contracts with children at all ever for any reason. depending on where this took place even if they HAD a contract than it wouldnt be valid since adults cant make binding contracts with children. in fact the more i think about this the more im pretty sure im right. the owner can sell him a service like the use of a room for $3 for a fixed ammount of time, but he cant make a long term contract like allowing this kid to pay in advance for a year. thats not a service fee, its an actual CONTRACT and most places dont let kids do that with adults. it would be like the difference between charging a kid a quarter to use a pay phone and trying to get him to sign up for a 1 year cell phone contract.
the more i think the more sure i am that even if this kid was the biggest asshole to come down the pike in ages, he STILL just a kid and the adult owner should know better.