(Closed) caterer is threating to sue!

posted 8 years ago in Emotional
Post # 3
Member
1231 posts
Bumble bee

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
Member
2191 posts
Buzzing bee
  • Wedding: November 2011

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
Member
5654 posts
Bee Keeper
  • Wedding: April 2011

@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
Member
47214 posts
Honey Beekeeper
  • Wedding: November 1999

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
Member
1231 posts
Bumble bee

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
Member
1398 posts
Bumble bee
  • Wedding: May 2012

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
Member
7429 posts
Busy Beekeeper
  • Wedding: October 2009

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
Member
2214 posts
Buzzing bee

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
Member
2583 posts
Sugar bee
  • Wedding: September 2012

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 # 13
Member
2890 posts
Sugar bee
  • Wedding: July 2013

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
Member
65 posts
Worker bee
  • Wedding: November 2009

Sorry you’re going through this, but don’t worry about it. Judges are not known to take pity on people!

Post # 15
Member
835 posts
Busy bee
  • Wedding: October 2011

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
Member
65 posts
Worker bee

counter suit time! sounds like she is the one who didnt hold up the agreement

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