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Shannon
Beginner June 2022

Help! Venue unresponsive on returning $2k deposit after 5+ months...

Shannon, on November 18, 2022 at 11:11 AM Posted in Etiquette and Advice 0 8
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Hi all - I've been tearing my hair out about this & appreciate any advice....

So our wedding venue, Elliston Vineyards in Sunol, CA, first sent our deposit back to the wrong city (instead of Brooklyn, NY they put Brooklyn, CA which does not exist...). When they sent to correct address, they just put a check for $2K in regular mail without tracking, certification or anything...

And our check was stolen. It shows it was cashed at "Discover Bank" in Delaware (we live in New York). The venue put in a fraud claim with Bank of America in August, who said they'd have an answer by early October. We're now almost through November and have had no updates - only the venue saying they're waiting for the bank, too (we tried calling BoA but they won't give us any info w/out account # from Elliston).

We really need our deposit back - has anyone else been through this? What has worked? Having a lawyer reach out to get the money back? Taking them to small claims court?

I feel like this is their responsibility and they are in breach of contract, which says we'll have deposit within 1 month of the wedding....It's been 5+ and we have no answers.

Any help is appreciated - thanks!

Shannon

8 Comments

Latest activity by Hanna, on November 20, 2022 at 3:41 PM
  • Shannon
    Super July 2022
    Shannon ·
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    Hi Shannon. Great name.
    That’s quite a mess. If you get a lawyer, you’ll end up paying more unwanted fees. I saw a post resolve itself because the venue or dressmaker saw the post here on Wedding Wire and contacted the author.
    Try editing your post with the name of venue in the subject. Maybe someone will see and contact you.
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  • Shannon
    Beginner June 2022
    Shannon ·
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    Thanks, Shannon! Appreciate the note x

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  • Bird
    Super June 2021
    Bird ·
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    If possible I would visit the venue in person. I know that might be impossible since you’re in NY and they’re in CA. Some Venues tend to dodge phone calls and e-mails but if you’re there in person and you won’t leave until you get the check… maybe something would get resolved sooner? Good luck!


    Something similar happened to me. Every week and month the venue gave me some excuse like the managers cat was sick or ceo was on vacation etc. we were persistent in contacting them weekly and we finally got our checks.
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  • Michael
    Master October 2023
    Michael ·
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    Did the venue provide clear evidence of the check going to the non-existent california city or of the fraudulently deposited check? One thing about the excuse about the address having the wrong state is that the mail sorting first is based on zip code.

    Sometimes a letter from a lawyer can be enough to make people more diligent. The small claims is probably difficult to work out since you would have to travel to do that.

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  • Shannon
    Beginner June 2022
    Shannon ·
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    Thanks all!

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  • Samantha
    VIP October 2020
    Samantha ·
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    Though I am an attorney, I’m not YOUR attorney. I would say many offices would be willing to write you an attorney letter for a reasonable fee. If not, small claims is made to be navigable without an attorney.
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  • T
    Expert May 2010
    Theresa ·
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    Maybe this is just me being naive, but I don't understand why you have to wait on the venue clearing up a fraud claim. That's their problem They still owe you $2000, and should be paying to out to you regardless of the status of the claim. Are they implying that if the claim is denied, you're out your $2000?

    I agree with PPs who said to get a lawyer to write up a letter. That might be enough to get them t stop the shenanigans and just issue your refund. Maybe suggest they direct deposit it to your bank account.

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  • Hanna
    VIP June 2019
    Hanna ·
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    Agree with this advice 100%. Time to get a lawyer. Their mistake and their fraud case is their problem. They should be refunding you that money now, and via a secure method like direct deposit

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