Legal Question in Civil Litigation in Georgia
I contracted with a venue for my upcoming wedding 10/09/10. I have paid them in full and paid for invitations that are already printed. They called me last night advising that they are going out of business and that I could get a refund if I signed a waiver basically saying we mutually agreed to break contract and that I wouldn't sue them. I need the refund to pay for another venue, If I sign under duress, will this be held against if I attempt to sue?
4 Answers from Attorneys
The circumstances you describe would not be legal duress that would permit you to void the waiver. If you plan to sue, you should not sign any kind of release.
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I agree with Glenn, however, if they are going out of business they may be also filing for bankruptcy in the near future - might be better to take the money and run and lick your wounds and hope they refund most of your money well before the Bankruptcy 90-day cutoff.
Small businesses that go out of business usually have one thing in common - no money and no assets of value. If you get your money back, it might be a lot better than waiting until they have nothing left and leave you with a worthless claim or judgment. That is a decision you'll have to make.
I agree with the other answers. If you can get your money, that's a great plus and unusual in such situations.
Before you get into your next mess, no reputable wedding company gets all their money in advance.
Have a lawyer read the document they are asking you to sign and don't sign it unless you have CASH in hand (no checks, not even a bank check).