Legal Question in Civil Litigation in Georgia
Refund of deposit
I made a $500 security deposit on 07/07/08 to book a facility for my high school reunion to be held on 10/18/08. Although the facility said they would forward me a contract to sign they never did and so I therefore signed no contract with them. The reunion comittee has decided to cancel this event, but the facility is saying my deposit is non-refundable. Can they keep my deposit even though they never disclosed the deposit was non-refundable and I never signed a contract with them?
2 Answers from Attorneys
Re: Refund of deposit
Get a copy of the Small Claims court in the county where the facility is located. Fill it out but don't file it yet. Send them a copy with a letter saying that if they don't refund the money within, say, 10 days, you are going to file it.
Re: Refund of deposit
The fact that you did not sign a written contract does not necessarily mean that you did not have a contract. The fact that you sent in a deposit is evidence that you did have an agreement on reserving the facility, and any correspondence you included would be evidence of that. Threatening a small claims complaint without considering the facts could just as well lead to a claim by them for the rest of the fee.
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