Legal Question in Business Law in California

I paid a deposit & then she did not guarantee work

I got married July 29, 2006-a month before the wedding we spoke with a potential florist-April. She came down to the wedding spot and said she could do the job. 2 weeks before the wedding she guarnteed her work and I gave her $500 for a deposit. A week and a half before the wedding she emailed me stating that due to the amount of time remaining that she would not be able to guarantee her work without final payment...at that moment I knew that she was copping out and I didn't know what I was going to get on the most important day of my life so I immediatly checked my bank account and noticed that the $500 still was in my account so I put a stop payment on the check...and wrote her an email stating that I have put a stop payment on the check and since she could not guarantee her work then I did not want to use her... She responded ok and goodluck...Unfortunaly the check DID go through after much discussion with the bank there was nothing that they could do...I did sign a contract...but she could not follow through with the product she first stated. And I never received a copy of the contract. Anyway, I demanded my money back and I have not heard back from her...do you think I would win in small claims court for my 500 dollars?


Asked on 8/25/06, 7:46 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: I paid a deposit & then she did not guarantee work

Yes. And ask for the stop payment fee, too. You might be able to also receive the difference between the cost of replacement flowers, if greater, because of the rush in which the new florist had to engage. Congratulations on your wedding, by the way. I hope everything else goes right in your life.

Read more
Answered on 8/25/06, 8:03 pm


Related Questions & Answers

More Business Law questions and answers in California