Legal Question in Consumer Law in Illinois
Canceled the band, settled, they still want more
My group booked a jazz band to play for our banquet. The
contact was always over the phone. We never had a written
contract. (The band refused to provide one.) There were
no cancelations terms ever discussed over the phone .We
agreed on $1400 for 3 hours of playing. The day before
the event, we had a catastrophe and nolonger had the money
to pay the band their full price. We called them 24hrs
prior to the event and said ''We can't pay you the full
price so don't bother showing, but we feel bad so we'll
give you $500 and we'll consider this matter closed.''
They agreed and took the money. Now, they are attempting
to collect the extra $900. What does the law say about
this?
3 Answers from Attorneys
Re: Canceled the band, settled, they still want more
We have reviewed the information in your e-mail of 05/05/03. Unfortunately, our caseload is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.
Re: Canceled the band, settled, they still want more
Just sit tight and wait until they decide to chase it. Because there is no written contract, you only have your word against theirs and that's usually what it comes down to. Keep proof of the payment just in case you need it.
Re: Canceled the band, settled, they still want more
It is somewhat difficult when there is no written contract. However, if they try to collect the $900 through a court proceeding it is their burdent to prove they are entitled to it.
What course of action to take depends on what actions they have taken to collect the $900.00
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