Unfortunately, even though you *would* have been able to sue for the return of the funds for breach of contract had you sued earlier, it is now too late. There is a time limit for how long anyone has to file a lawsuit, called a "statue of limitations" or "SOL." Once the statutory period has passed, you may not sue. The SOL varies by state and type of lawsuit. In your state, the SOL for breach of contract is 6 years; the SOL for professional malpractice (which might also have applied) is only 3 years. It is therefore too late for you to take legal action.