What are my rights regarding a deposit for a wedding reception that had to be cancelled?
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What are my rights regarding a deposit for a wedding reception that had to be cancelled?
In March, I paid a refundable deposit of $500 to my wedding venue. In July, due to certain circumstances, I cancelled the venue I was told that I would be receiving a deposit. However, it’s almost September and countless of emails later. I haven’t received my deposit. With the span of time, the venue consultant I originally worked with had quit and the owner went out of town for weeks. In the emails the owner claims to
have process the return and sent out a check. Yet, it’s been weeks since the check has been processed. I live about 5 minutes from the venue. At this point what should I do? I just want to get my deposit and move on.
Asked on August 31, 2019 under Business Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can sue the wedding venue for breach of contract for failure to refund your deposit.
You can file your lawsuit in small claims court. Your damages (monetary compensation you are seeking in your lawsuit) would be the amount of the deposit.
Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You write that the deposit was specifically stated to be refundable; if it was and you complied with any timeframes or instructions for getting a refund, they need to return the money to you. (Note: deposits are ordinarily not refundable if you cancel the event, but rather only if the venue cancels on you; however, if the terms of service or contract, etc. specifically stated that the deposit was refundable, you get a refund as long as you comply with any rules or instructions for a refund.)
If they will not voluntarily honor their obligation to provide the refund, the way you enforce their obligations and your rights is by suing them in small claims court for the money. You can get forms and instructions for a small claims suit from the court, either from their website or from/at the small claims clerk's office.
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