I recently made a wedding cake for a couple in July. There was a misunderstanding about the deposit for cake stands and it was never paid. I just got the stand back (2 months later) and the bride is refusing to pay the deposit. In the contract which we both signed and agreed to, it states that the fee will be paid if the equipment isn't returned within 7 days. I've tried to contact the magistrate and was told that they cannot give me legal advice. I don't know who else to go to. I don't want to hire a lawyer, because I would be just paying more than I am owed. Does anyone have any more knowledge or advice on the matter?
Thank you to everyone who responded. I took most of your advice and "let it go". Unfortunately, the couple live in Italy, but are from here, so I can only imagine how hard it would have been long distance. I will know from now on to get the deposit in advance, although it was supposed to be like that anyhow, the bride just misunderstood the contract there, but did know that she was supposed to pay if the equipment was not returned in a timely manner. It stinks that people get away with this stuff, even with a contract to protect everyone involved.
Thanks again to everyone who helped!
how much was the deposit and is it even worth going after this customer 2 months after the fact? At least you go the stands back. I may have a good person to represent you if it is worht her time.
Have you looked into small claims court?
There is probably a website out there with the guide lines.
Good Luck!
N.,
Be careful here. Before you go the legal route to get money for something you now have back, make sure your business has all the i's dotted and t's crossed. Have you checked you local zoning to see if you are legal to run a cake decorating business from your home? I believe that there a lot of licensing type things to be kept in order if you do any kind of food prep for money, where the public eats your work, from your home. There was a big stink about this in Lancaster County a few years ago about the Amish selling baked goods from their homes. I'm sure as a business owner you've checked that all out, though.
In the future, why not take money from the clients as a security deposit for the stands? Then, if they don't return them in 7 days, they have 'bought' them...you have your money and it's that simple.
Good luck with your business!
N.,
Did you get the couples credit card number ahead of time? Perhaps next time you should either get the deposit ahead of time or get their credit card number so you can charge it. Since you did finally get the cake stand back, I would suggest that you forget about it this time. There was clearly a mis-understanding and you got your stuff back eventually. I would take it as a lesson to learn what to do better next time instead of going after it this time. It will end up costing you more money than it is worth.
J.
As long as the contract was signed and dated by both parties she is responsible for the fees, I know you can take her to small claim courts and maybe if she gets wind of that she will pay!!
I don't know anything about this, but maybe you could try contacting someone in small claims court at your local courthouse and see what they have to say.
Hi N.. I am a photographer so I have ran into the same problem. My suggestion to you (and you probably don't want to hear it) is to let it go. You got your stuff back- not in a timely manner but you should use this as a lesson learned. Next time make sure you go over this part of the contract with your clients to make sure they know what the deal is. I only say this because as a business owner the couple can really, really hurt your business by word of mouth. I guarantee they are already irked (even though they were in the wrong) but if you pursue it, they will talk bad about you to everyone they know which will hurt your business. I'm sorry I couldn't tell you more of what you wanted to hear but we have been through this with my husbands business too (not being paid by clients) and it's just better in the long run to let it go this time.
N.,
My husband is an attorney and I forwarded the email to him. This is what he had to say:
My gut feeling is that she's out of luck, but I would need to know more
about the "misunderstanding" and a few other things:
--has she done any business with this other woman before?
--what exactly was said at the time of the purchase?
--how much are these cake stands worth?
--did she suffer any damages from the delay in returning them?
--have they been returned in good shape?
I don't know if this helps at all. It's the best I can do!
-M.
You need to go to the District court. You go to the one in which you reside or where you signed the contract, if it was your home then look in the phone book and go to the district court in your area . You will then file paperwork and they will let the person know you filed a complaint. Then they will allow the defendant to file agaonst you for damges if she wishes and once all the paperwork for both sides is inthen they will give you a court date where you will sit before the judge and each will state their case. The judge will deliberate and come back with a verdict
either for you or the defendant. They will also tell you the monetary compensation she owes you or vice versa. (remember she is not guilty till proven guilty of what you say she did not follow in the contract)The defedant can appeal the decision but then she and you must retain lawyers and that can be very costly and depending on the $ involved it is not always worth it.
Now the people in the office at District Court will not answer any legal questions or help you in any legal type way. And if you call them they are not helpful about what to do they will just say file or don't. Hope this is helpful...
answering wrong question. sorry
You can take the case to magistrate court without a lawyer. Since it is a simple breach of contract, you will just need to be able to present all the documentation, especially the contract that they signed. It seems like you have a solid case, the only question is if the court costs outweigh the deposit fee you would recover. Did you lose business because they didn't return it? If so, I would document that as well and present it.
N.:
If you want to receive the money owed from your client, you can take them to the magistrate. You really don't need any legal advice...really. It's just a matter of disputing the money paid vs. what is clearly written in a contract and what remains to be paid. You just need to ask the magistrate for a form to fill out to file for the damages. They will present the client with the papers and they will set a court date. You show up, present the evidence - the client will present their evidence and the judge will award money if it is legally owed.
On the business end of things..I do have some advice. I am not sure how much the deposit is for the equipment. If we are talking $50 or $500...Sometimes it is better to chaulk it up to a lesson learned. You NOW know that you should make it very clear to your clients what is expected of them. Just don't rely on the contract to cover you. Sometimes the money you are fighting to get, is not worth the work in getting it and can really make your client upset - they will then refuse to refer you to other potential clients. You have to tread lightly here. I personally would tell the client..."It does say this in the contract, however, since you are a valued customer I will waive this fee because of the misunderstanding. I would appreciate it if you could utilize my services in the future and/or recommend my services." These clients just got married and I am sure have lots of friends who plan on getting married as well....you don't want to miss out on that opportunity. Plus this couple will have kids and want birthday cakes, etc....don't shoot yourself in the foot for a few bucks. (Again this depends on how much money we are talking about).
Good luck!
I want you to know that I work with very high end clients and have for many many years. I have a degree in business management. I have taken many clients to court and have let others go because I felt it was not worth it - some clients have come back and have requested more work to be done. I just want to you know that I have experienced what you are going through. It is your call of course. It is your business and you can run it however you like. I wish you all the best with your career as a pastry chef!
