Pickerington, OH asked in Contracts and Small Claims for New York

Q: I am wondering if I have a case that I can take to small claims court (and win).

I need to cancel my wedding reception and the venue is not going to give me my deposit back. it is a $2000 deposit that was given to hold our date. We need to cancel for financial reasons, but the owner also has not gotten ahold of us to plan after we reached out to him on 2 separate occasions. We did change the date due to the church being booked and the new date was mutually agreed upon. However, it is later in the year than we wanted as the venue will be under construction and he is not even 100% sure when it will be complete. We did not sign a contract but we do have a receipt for the deposit. Info regarding the cancellation policy was in a packet he gave to us but never reiterated.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: If there is no written contract you will argue that there is an oral one. As the venue will dispute your version, it is 50/50 on winning.

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