Legal Question in Consumer Law in Massachusetts
default on function contract
In January '05 I signed a contract to have a funtion in a local restaraunt and gave a $500.00 cash deposit. In July the restaurant owners/managers locked the doors , put up a gone on vacation sign and never came back. I have not been able to contact them. I have their home phone but they do not return my calls. They have not contacted me. I would like to get my money back. How do I go about that. I have heard rumors that they declared bankruptcy but have not been able to confirm this. I did hear from the landlord. He said they skipped out on everyone.
3 Answers from Attorneys
Re: default on function contract
Kindly contact my Office relative to this Matter.
Thank you,
Jerril J. Krowen, Esq.
http://www.krowenlaw.com
Re: default on function contract
Kindly contact my Office at 781-231-5200 relative to this Matter.
Thank you,
Jerril J. Krowen, Esq.
http://www.krowenlaw.com
Re: default on function contract
1. Report the situation to the police or the district attorney's office, or even the Attorney General's consumer protection office in Boston.
2. Check with the secretary of state's corporations division to see if the business is incorporated and get the names and addresses of the officers/directors and any agent named for service of process.
3. Check with city/town clerk's office for information about the owners, if it is not a corporation/partnership/LLC/LLP.
4. Send a 93A consumer complaint letter, certified return receipt, to the owner(s) or head of the corporation. The letter must state the problem and what you want them to do about it. An example is available online at the AG's consumer protection office and at their local offices (look in the telephone book or check with the Boston office for one near you). The benefit of this is that you can then get double or treble damages and attorney's fees if you sue them.
5. You can sue them in small claims court, whether you send the 93A letter or not, but if the letter has not been sent, you cannot get double or treble damages or legal fees.
6. Call "Help me Hank" or one of the similar services offered by the Boston TV channels.
7. Once you have the corporate name and the name(s) of the principal(s) of the business, you can check with the bankruptcy court to find out if they have filed bankruptcy or not.
For $50, I will get the corporate information and check bankruptcy records, but you will have to give me the name of the business and anyone you know connected with the business.
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