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Danielle
Just Said Yes August 2016

Caterer Cancelled, and kept the deposit.

Danielle, on July 8, 2016 at 12:00 PM

Posted in Planning 36

What do I do? My wedding is in a month and my caterer claimed they went out of business and that they cannot refund us the $400 deposit we gave them two months ago. We are on a budget that is tight, so this is very stressful.

What do I do? My wedding is in a month and my caterer claimed they went out of business and that they cannot refund us the $400 deposit we gave them two months ago. We are on a budget that is tight, so this is very stressful.

36 Comments

  • JSmith2U
    Master March 2016
    JSmith2U ·
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    Congrats on finding a new caterer! I hope everything is smooth sailing from here on out.

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  • OG Kathryn
    Champion May 2016
    OG Kathryn ·
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    Lol @Matt

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  • FutureMrsMaidenName
    VIP August 2017
    FutureMrsMaidenName ·
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    I'm a lawyer and used to do bankruptcy. They aren't supposed to pay back creditors (which includes you) within a certain window before filing bankruptcy as well as after filing. If you want to make a claim for your $400 in their bankruptcy case then you have to go to the meeting of the creditors, but you'll be at the end of what I'm sure is a long list. It will not be worth your $400.

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  • K
    Super July 2016
    Katherine ·
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    Sincethey went out of business it might be very hard to get the money back. It would probably cost more than you stand to make to hire a lawyer. Try calling the local government to see if they have ny guidance on related business laws.

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  • CoffeeNColor
    Master August 2017
    CoffeeNColor ·
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    Also a lawyer here. To effectively get your money back, you will need a lawyer. Unfortunately, that legal fee is going to be more than your deposit.

    And by the way, when someone files bankruptcy and you are listed as a creditor, the notice will be a generic notice from the court. Don't think it's not legitimate just because it's generic. If you're in doubt, make sure there's a case number and call up the court to see if the case number matches the company's/caterer's name.

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  • Stacy
    Super September 2017
    Stacy ·
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    I'm glad you found a new caterer! Do you have wedding insurance? Is this something it would cover?

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  • Must Love Cats
    Master October 2017
    Must Love Cats ·
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    Unfortunately this happens a lot. I had businesses close and file bankruptcy even though I had services prepaid and I never got that money back even with face-to-face confrontation and legal issues. It stinks that it happened so close to your wedding. I think the other way around it, if I remember correctly from Business Law class was that if you go to court and the judge orders them to pay, if you have their first name, you can go from bank to bank with the order, and find out where their account is and have that money given to you. I was never aware I could do that until it was too late.

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  • M
    Super August 2016
    MrsC. ·
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    This actually happened to a friend but with the limo company. She paid for a hummer limo 6 months ahead of time and 7 days before the wedding got an email that they went under and could no longer provide her with the limo....offered no refund. She was able to find another company that had the hummer limo and they did the job for free because of what the first company did..she had to file a small claim to get the money back...

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  • Must Love Cats
    Master October 2017
    Must Love Cats ·
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    @Think, it might vary from state to state. But I remember from law class in my state, that the order has to be issued by the judge for the person to collect.

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  • Mrs. Coakley
    Master June 2017
    Mrs. Coakley ·
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    That sucks... you can try to get some money back, but like others have said with them going out of business there might be a loophole. I would maybe try to call other businesses and explain your situation

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  • Possum
    Master December 2015
    Possum ·
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    Small claims court? But it would probably be more money and stress to try to get it back vs cutting your losses and moving on.

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  • StitchingBride
    Master October 2014
    StitchingBride ·
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    Matt b ....it was partly due Rio a autocorrect, but you're welcome.

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  • A
    Expert December 2012
    Aleluya ·
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    How did you paid? Check? Credit Card? Call the bank immediately, they might help you because that is fraud!

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  • Luz434
    Super October 2016
    Luz434 ·
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    I'm sorry this is happening to you, but things work in mysterious ways. I'm glad you found a solution. Perhaps, you can pursue getting your deposit back after the wedding is over or look into it now and see if it's worth the headache and hassle.

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  • O
    Savvy May 2018
    O ·
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    U are lucky u only lost $400 my caterer closed down an i lost $1300.??which i am out an i know i cant win it back or even get it back crying now my wedding is in 10mths

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