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Just Said Yes June 2020

Catering Contract Troubles

Jessica, on April 29, 2020 at 4:59 PM Posted in Wedding Reception 0 4

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Hello ladies!

My fiance and I have had to cancel our original wedding plans (set for 6/27/2020) to opt for something more low key. In turn, we determined we no longer needed the big caterer we hired since the guest list has decreased drastically.

I had written him a check for $500 last fall when we did the taste test, but we were in agreeance he was not going to cash the check until I mailed him a signed copy of the contract. He required me to print off the contract from his website, fill it all out, and snail mail it back to him...but the kicker is, he never mailed me back another copy after he signed it himself.

He did cash my check after I sent it signed, and the contract does state I will not be refunded the deposit if we cancel at any point before the wedding, *** but my burning question is: Is this contract truly valid if he never sent me a copy after he signed it himself? Is it worth fighting if he refuses to refund the deposit because of this? ***

I know I may hear some tough love feedback, but that's okay.... I just really need your help to know whether it's worth fighting if he refuses to give the deposit back.

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4 Comments

Latest activity by Anna, on April 29, 2020 at 7:19 PM

Expert September 2021
Chelsea · on April 29, 2020 at 5:27 PM
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My advice would be to let it go. The amount of money you would spend to hire an attorney would surely be more than the $500, even if you went pro se and did all the filing yourself to file a claim in small claims court, plus appearances (where you’d likely have to take off work) would likely cancel out the money you could get back. While this is a technical violation of basic contract principles, usually a court will look at the underlying contract and the intent of the parties. Based on your post it sounds like there was clearly an intent to enter into the contract, an overt step was taken by your signing and sending a check, and there was a mutual understanding of what the contract entailed. I doubt any court would find that you’re entitled to the money back because the vendor didn’t send you a signed copy.
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October 2020
Fleur · on April 29, 2020 at 5:44 PM
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That really sucks Jessica, I'm so sorry you are dealing with this. I hate reading posts from Corona brides who are getting screwed out of deposits, regardless of the reason. Just wanted to say hang in there love!
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Dedicated October 2021
Mary · on April 29, 2020 at 6:52 PM
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I don’t think that you can do anything if it’s in the contract he can’t return money. However, it’s worth reaching out considering you’re cancelling your day because of a pandemic. You could also potentially reschedule with the same person?
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Master June 2020
Anna · on April 29, 2020 at 7:19 PM
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I'd give him the benefit of the doubt, seeing as we are in the middle of a pandemic. It's through no fault of your own that this happened.

I'm in North Carolina, The attorney general wants to know if any business discriminates against someone who cancels an event or service, due to the pandemic. Perhaps your state does too ( if you are not in North Carolina)
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