Legal Question in Consumer Law in Missouri

agreed refund still not refunded after 8 months

The dj we hired for our wedding sent someone last minute in his place. The replacement was awful and left 1 1/2 hours early without asking or saying a word to anyone and ultimately prematurely ended our wedding reception after a one hour rush job of the traditional reception dances/events. I have numerous emails correspondence between the owner and myself where he agreed our refund was due, appologizing for the delay in sending the refund, and stating that we'd get our refund, yet to date still no refund. What recourse do we have? Can we sue for the full payment back to us instead of just a portion at this point for his lack of concern? How long do we actually have to do something about this? The dj's business is in Missouri, we live in Kansas, and also the reception took place in Kansas...if we file in small claims court what state do we file??


Asked on 1/08/04, 10:43 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: agreed refund still not refunded after 8 months

I would probably file the claim in Missouri. If the amount is less than $3000, then you can file in small claims court. The admission of the owner, by email, that a refund is due would probably be powerful evidence for the judge.

Try to locate the check you paid your DJ with. That will have information about what bank the DJ does business with. That is important because if you get a judgment, and the DJ fails or refuses to pay it, you can "execute" on your judgment by filing a garnishment of that bank account.

So, going into SCC, you want to make sure you have evidence as to what you agreed on with the DJ (original contract would be good) and proof you paid him (cancelled check). You want to have three or four people who were present at the wedding testify that the job was not done appropriately. You'll want to introduce the emails as evidence.

Good luck to you.

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Answered on 1/09/04, 8:51 am


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