Should I take her to small claims court?

Question

My caterer for my wedding did a horrible job, she breached the contract by not serving everything on the menu that we went over. She showed us pictures of how the set up would look and it wasnt anything like the pictures, it was very bare. The food was served cold and was not good . She is not not responsing to my emails and ha ssaid she will not compensate us for her mistakes. SHe has been very rude and unresponsive. We have the contract that she did not uphold, photos of the food as well as photos of her exapmles that dont look anything like what she showed us, the emails we sent her after the wedding as well as the one i received back when she blocked my email adress so i could no longer speak with her. I have been very nice and patient with her and she has continuely been rude. should i take her to small claims court and try to get a partial refund?

Answer 1

Yes you should-----it sounds like you have everything you need to show a judge she did not hold up her end of the bargain.

Before you do though--send her a certified letter (so you will have proof you contacted her) telling her she has ten days (or 15 days or whatever) to refund you for the food you paid for but did not get and for the lack of presentation--give her a dollar amount (like half of what you paid) and stuff like that. Then tell her that if she does not compensate you by January ____, 2007 you will file a claim against her in small claims court at which point you will be asking for the costs of the suit (filing and services fees) in addition to your damages.

Then--if she doesn't respond they way she needs to do--sue her. In court you will need the contract, your cancelled check showing what you paid, the photos from her and from the wedding and if she sent an email admitting or using the word "mistake"--you'll need it too!

Good luck!! I got married and my caterer was GREAT--we got way more than we paid for so I feel horrible for you b/c your wedding is supposed to be such a beautiful day and she ruined it for you and your guests! You had enough to worry about without worring about her poor service!

Answer 2

Assuming you're in the united kingdom, the reply is as follows. there is not any such ingredient because the small claims courtroom. There are small claims, that are dealt with in the county courtroom alongside with different claims, yet there is not any particular or different courtroom. Small claims (below £5k or £1k if own harm) is a kind of dispute determination. There aren't any expenditures presented (keep for the courtroom fee for the claimant of £sixty 5) and subsequently the contract fee is amazingly intense. i'm afraid that you've were given to push aside any solutions (little question properly-intentioned) that propose any share determine of success because they are completely made up (whoops! numerous thumb-downs for me!). The DCA do no longer keep stats of success for both claimants (or defendants) so no-one is conscious what number win or lose. i have been a criminal specialist for 15 years and that i do not understand so i'm fascinated to work out the constructive assertions above and the position those come from. The small claims technique helps human beings to deliver modest claims before a decide without the phobia of massive criminal charges. It also helps defendant's to safeguard in the different case reliable claims without the phobia of massive criminal charges - so this is not a one-way street. So once you've a good declare, supply it a go - all you lose is your courtroom concern fee and an afternoon dazzling 'round at courtroom. desire this helps

Answer 3

if she owns her own business, contact the better business bureau and file a complaint, that way, if still nothing happens, you can feel like you did everything you could before you became litigious. It is also a little something extra for your exhibit file. You need to remember that there is a fee for filing small claims, and a cap on the amount of the claim, (it varies from state to state, $45 to file and $2,500 cap to recover in my state) so be prepared to shell out a little more to try to get some back. Also, you may want to take your contract and evidence to an attorney that has free consultations and takes cases on contingency basis, so you don't pay unless you win your case. Many times simply having an attorney will be enough to bring on a settlement. Also, even if an attorney takes your case on contingency, you will still be charged for out of pocket expenses, so know that any fees for serving subpoena's or witness fees will be your responsibility primarily. Ultimately, a good attorney will tell you whether he feels your case has merit, and if you go to one with free consultation, what do you have to lose? Good luck!

Answer 4

I am a singer who often works at weddings so I know how much money something like that could cost. If she did a lousy job, she doesn't deserve your money! I would take her to court to get back some...if not all that was payed to her. You could let it go, but you remember how you felt on your wedding day when things didnt go well, dont let that happen to another couple. Whatever you do, good luck and congratulations on your union!

Answer 5

If she did not honor the contract, then yes - I would take her to court.

I would also refer her to the Better Business Bureau, as well as make sure I NEVER recommended her to anyone. Bad news travels very well by word of mouth. Small businesses like that rely heavily on referals from past clients. If she is horrible, I would not hesitate to tell every person that I knew who I used, as well as to not ever use her for their function.

Good luck!!

Answer 6

ABSOLUTELY!!!! You need to take her to small claims court. Badmouthing her is not enough. Additionally, report her to the better business bureau and to the state (depending on your state). You certainly have a claim here. You paid for services and goods that you did not receive. You are owed a refund.

Answer 7

knowing small claims court...
copy the emails...
copy the pictures..
copy the signed contract agreement...
BE VERY SPECIFIC OF WHAT WAS TO BE SERVED AND WHAT WAS NOT SERVED...
the judge DOES NOT want hearsay...
the more paper facts you have the better chance you have of winning your case..... good luck

Answer 8

Either that or give up. She knows you aren't referring her to your friends or using her again, so there isn't anything to say since she broke contact with you. Sue her (for how much--doesn't seem worth the trouble), or forget about it.

Answer 9

Why not? You've been more than gracious to her in letting her decide how she wanted to proceeds.

Let the judge decide.