Looking for some advise....breach of contract

I would read through your contract before trying to sue. Does it have any information about cancellations on the vendor's behalf? How much of a deposit did you put down?

Obviously you'll have to find a new vendor, but if your florist has gone out of business it may be a long time before you see that money, if ever. The courts are super backed up on lawsuits right now too, so you probably won't get a chance to move forward and/or get your money back before your wedding.

Not saying don't sue, but focus your efforts on a new florist for now.

View Quoted Comment Thanks for your feedback!


The contract actually doesn’t have anything around a policy of what would happen in the event they would need to cancel. Just if the customer needed to cancel and that the deposit is non refundable. I was thinking we would have a case because of the contact and that the deposit is in place with the expectation of the vendor proving a service and holding our date. So far we’ve paid about $500, $150 of it being our deposit.
What makes it even worse is she still has her website up and running. Customers are buying arrangements but not getting any flowers delivered or made.

Oh no, that's so unfortunate. Do you even know where she is located? Even if you file a lawsuit you would still have to get her served and do research if you are not familiar with the court system. You could always hire an attorney but it may be more expensive than the $500 that you paid.

Gotcha! Do you have receipts for your payments? You absolutely have a case for a lawsuit, but like I said, it's unlikely to be resolved until after your wedding with how far behind the courts are due to Covid.

Go ahead and file the paperwork (its usually between $50-$100?) in small claims court and sue for the money you've paid, legal fees (the filing fee), and then you can try to go for the difference in price as well as long as it's not more than $5000. I'm not a lawyer, but I have had to sue someone before, and that's how it worked in my state.

If they don't show, you are automatically granted the win, but you have to hunt them down to get the money and possibly file garnishments which is why it may take you a while to actually see your money again.

Hopefully you can get on the docket before your wedding!

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For small claims cases like this you're not typically allowed an attorney (at least not in my state).

I do agree, finding her is going to be hard, because the paperwork does typically need some kind of idea of where to find and serve them.

View Quoted Comment I’ve done a little digging and think I will be able to find her. I found her social media page and she seems to live in the same town as her shop

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Yes, it definitely depends on the state. In my state it is allowed! Actually in most states its allowed, but you are correct there are a few where its not! (I actually work in a courthouse). Hopefully she can get this resolved some other way rather than the court system.

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If you do decide to go through with the court system, then you would definitely need that information! Is her shop actually closed down? Have you tried stopping in?

View Quoted Comment Thanks, this is super helpful! I learned a long time ago to get everything in writing and keep all receipts lol so I’m def prepared there. It definitely will suck to be out this money and possibly take a long time for us to get the money, but at the end of the day it’s about principle and it isn’t right to take advantage of people

View Quoted Comment I saw another bride on here write that she rode by and it looks like no one has been there for weeks. I do plan on taking a ride down there myself one weekend. It’s about a 30 min drive and with the weather we have had in NJ lately it’s been a little tough.


I just also shot her another text letting her know I need a response within a week or else I will be moving forward with someone else and expert her to refund the deposit.

View Quoted Comment That's so unfortunate. I hope everything ends up working out for you!