Caterer Cancelled, and kept the deposit.

Do you have a contract? If so, what does it say about the deposit?

Also, more importantly, have you been able to find a new caterer?

ETA: I find it hard to believe that they didn't know 2 months ago that they were on the verge of shutting their doors. It was incredibly dishonest of them to take your money when they should have had a good idea that they were about to close. I also find it hard to believe that they can't even scrape together $400 to give you. Call their bluff and threaten to sue for breach of contract and fraud.

Yikes. And if they file for bankruptcy, you're never getting it back.

You COULD send them a certified letter and demand the money back, and that if they don't you'll be forced to file legal action. But that might not get you your money back in time for the wedding.

Definitely check the contract! If you weren't the one cancelling, you should be entitled to your deposit back.

This is terrible, I'm so sorry. Silver lining: maybe if they went out of business they weren't going to perform as promised on your wedding day. This could be a blessing in disguise (minus the $400....) I hope you can fight for that back!

This is awful. At the very least as for an official letter of bankruptcy to ensure it's legit and see if you can get o the list of debtors.

As for the catering for your wedding, I'd look ASAP. Good luck!

I don't think y'all are understanding the problem. The company went out of business. Chances are, they don't have the money to give back, regardless of their contract.

Years ago, I worked for a small video store during college. One day, I show up to work my shift and the doors were locked, lights were out. I called the manager who said that the owner decided not to open anymore, that they were out of business and he would file for bankruptcy. I didn't even get a final paycheck until I badgered. And then, the paycheck bounced. I had to call the attorney general's office, who then contacted the company and I got a new check - but that took months.

So sorry this is happening! I agree with PPs to threaten legal action.

I don't like to curse but that is totally fucked up for them to do that.

That's awful, but I suspect you are out of luck. In my hometown a very prominent and popular wedding venue went out of business, and when they folded, they kept every deposit. Essentially when they shut their doors, everything just froze as it was. There were dozens of lawsuits, and nobody saw a penny of their money back.

The contract says that if I cancelled less than 6 weeks before the wedding, I would lose the deposit, but it doesn't say anything about cancelling on their side. They told me they filed for bankruptcy, but it was a generic letter from them, not an official notice.

Fortunately, we were able to find another caterer that waived the deposit and squeezed us in to their day and they have a much better menu!

Bankrupt or not - can't they go after their personal assets to get your deposit back? I'm not a lawyer, so just asking.

OP, you should still pursue this, even if chances are slim. Every situation is different and there's no evidence they've actually filed for bankruptcy. $400 honestly isn't very much money in the long run, so maybe they'll fold instead of dealing with a lawsuit.

ETA: glad you found a new caterer! And that they waived the deposit!

Yikes! I agree with PP that it's worth sending a demand letter - it wouldn't take a massive amount of work on your part and the threat alone may be enough to make them prioritize getting you your $400 back.

Omg! I'm so sorry! I pray you find a new one within your budget.

Glad you found you caterer. I'd still just ask them to send an official bankruptcy document for real proof, not some generic letter. Just to make sure they are not lying to you.

@BeachBride2016 It'd depend how their business is registered. (Sole proprietor, general partnership, corporation, etc.) Most businesses set themselves up to protect themselves personally, so no, no personal assets could be collected to pay off their debts. There's a chance they didn't set up their business this way, but it's pretty slim.

Unfortunately, like PP's have said, I'd plan for the worst and prepare for the fact that your $400 deposit will never be seen again. You can threaten all the legal action you want, but as my mama says, you can't squeeze blood out of a turnip. They knew they were on a sinking ship 2 months ago and still chose to take your money. That's shitty. We had a local wedding planner who was taking deposits and payments up until the day she said fuck it, I'm done with no notice to anyone. She was using money to pay personal bills and couldn't pay any of the brides back. If this company files for bankruptcy, it's over. And even if you fight them for it, it's highly doubtful you'll see if in time to use it for a new caterer.

I am so sorry you're dealing with this so close to your big day. Reach out to other caterers and explain the situation. They may be willing to waive or reduce their deposit just as a gesture of goodwill. Don't be afraid to ask when explaining the situation. Good luck!

Oh my gosh. Sorry you have to deal with that so close to your day! Glad you found another caterer (with a better menu!). I know that $400 means a lot on a tight budget, but it's good your new one didn't charge you a deposit!

It's horrible and I'm sorry. Unfortunately, people who go out of business don't always assume that is their only resolution. And most of them don't do it maliciously; they're just better at their craft than they are at business. They may have thought that catering your party was possible; no one WANTS to do this to a client.

If it's an LLC or a corp, no, you cannot go after their assets. And spending the money to sue them will probably be fruitless.

Can you re-jigger your plans to be in a different format? Maybe hors d'oeuvres and dessert instead of a full dinner with your new person?

Da*n. I'm so sorry! Used to have dreams about things like this.

I'm glad you found someone else! Go with the better menu and have fun!