Post # 1
I had a backyard wedding. My mom’s very large family said they would cook the food for 150 people. Well instead one of my mom’s friend that used to cater and wanted to get back into it said she would do the whole wedding for 1,500 this included her table clothes, dishware and appetizers and food.Knowing this is a good deal we went for it. She said she would cook for 200 and and we told her at the most 160 people would be there. She was suppose to be there at 3 but did not arrive until 4:30. She had only strawberries and cheese for the apts with no plates. The food was chicken picatti and a warm noodle dish with green beans and rolls and salad. There was 145 people there and there was only noodles left when it came to the last 4 tables.(8 per table) She had the tables looking beautiful with nice china. This was a buffet also.I went upstairs and found her 2 helpers looking for salad dressing because she ran out. She raised her voice and said I had more then 200 people because she never had ran out of her homemade dressing before. The next morning she came to get her stuff and handed me another 2,000 bill. $20 x 200. w I already gave her 2,000 before the wedding. I never signed anything but now she is taking me to small claims court for the extra 2,000. Does she have a chance of winning. This was all verbal but she says she has 2,000 of receipts for the food.
Post # 3
She really doesn’t have a leg to stand on. There’s no written agreement, you already paid her (with a check i hope for proof that she was paid) and she didn’t fulfill her verbal end of the agreement. What a pain. Everyone is so sue-happy these days. Find a good lawyer just in case. Maybe meet with one and get thier opinion.
Post # 4
If you have a copy of the canceled check from the first payment proving you had actually paid her and there was nothing in writing then no she has nothing on you.
Post # 5
@MissCallieJean: I know if Texas a verbal agreement is a legally binding contract so I know here she wouldn’t have a chance.
And if there any way you know for sure about how many people were there? It really shouldn’t matter but it couldn’t hurt either.
Sorry you’re dealing with that. It really stinks when people get greedy =/
Post # 6
Don’t waste money seeing a lawyer till she actually does something. Lots of people are full of threats but no follow through. She may be just trying to bully you by bluffing.
I am sure you have some kind of guest list that will show how many people rsvp’d to attend.
Post # 7
But she paid her $2,000. So this lady is saying she actually agreed to pay $4,000? She also didn’t fulfill her end of the verbal agreement. With big things like this, I think verbal agreements are kind of like the honor system and people aren’t always so honest. Seriously though, OP find that cancelled check and talk with a lawyer.
Post # 8
Unless she has a contract signed by both you and her, she does not have a case. That is why, real legitimate caterers will insist on a contract, that protects both you and the caterer. Let her take you to small claims court, she does not have a case, in fact, I dare say that the judge may rule in your favor and order her to pay you back some of the money.
Post # 9
I wouldn’t waste money on a lawyer, but I would take at least your husband and maybe one other person who heard the agreement to back you up
Post # 10
If she does bring you to small claims court, I, personally, would sue her for breaching the contract by not providing enough dishware or food, which is what she agreed to do. And I agree with PP that if you do go to small claims court, bring a few people that heard of/knew of the agreement that can support you.
Post # 11
Don’t spend money on a lawyer yet – people like this are usually all talk. Do you have any proof that there were not 200 people there? An RSVP list or something?
Post # 12
Thanks for all the comments, yes my parents were both there when she said she would do it for 1,500. I just found out she does sue people alot! I guess I will know soon if she indeed follows through.I am sure she will bring receipts for the food that will amount to 2,000. I am just afraid the judge will take pity on her if she does have that. I just think thats alot for the simple food that she made. She only had enough for 138 people anyway. Yes we do have the rsvp cards and the people that did not get to eat will go to court with us.As many that will be able to anyway. If I get statements from people and have it noterized I hope will help also. Anyway it just stinks because her kids are my brothers friend and my mom took care of her granddaughter for 3 years until she started school.
Post # 13
Sadly I have learned you never mix business with family or friends. Don’t let this stress you. She is trying to bully you into paying more. If you do go to court I believe it will go in your favor. You could always take her to small claims court. You were so horribly embarrassed by the lack of food. It ruined your once in a lifetime day and you going to have to see someone to get over this emotional trama. It may take years of therapy. :p Two can play the game. You could demand a refund.
Post # 14
Sorry you’re going through this, but don’t worry about it. Judges are not known to take pity on people!
Post # 15
She won’t win this. #1…no matter how many people were there, she still used the same amount of food, cleary (since she ran out). Meaning that she isn’t out any extra food. #2 You have proof that she came late, and that only a certain amount of people were there. #3 A judge will never EVER pitty the person who has a “business” and has no contract. Period. I wouldn’t worry, seriously. She would be insane to sue you, because your counter claim would probabley win, and she knows that. The fact of the matter is, no matter how many people were there, she can’t charge you for people she really didn’t even feed. And you proving that there were only 145 would just be icing on the cake.
Post # 16
counter suit time! sounds like she is the one who didnt hold up the agreement