DJ deposit question

[txmommy04]

What is the name of your state (only U.S. law)? Texas

I had hired a DJ a few months ago for my wedding in October of this year. Due to some unfortunate family situations, my fiance and I decided to not have a big wedding and just go to the JP instead. So I email to DJ to let him know our wedding date has been canceled and that I would like the deposit I paid him back. He replied telling me that the deposit is non-refundable. I searched through every bit of his website to see if this was written somewhere. It wasn't. So I emailed him back to ask him where it was written on his site (just in case I over looked it). He replied stating that it wasn't posted anywhere on his site and that he normally just told his customers this when he talked to them. Well he never told me this either. He is still refusing to give my deposit back. Can he legally keep my deposit since I was never informed in any way that it was non-refundable? If he can't, but still refuses to give it back, what should I do?What is the name of your state (only U.S. law)?

 

[mmmagique]

Do you have a contract?

If so, what does it say?

If not, take him to court and hope for the best.

Good luck!

p.s. make sure to take screen shots of his internet pages in case he changes them in the meantime.

 

[txmommy04]

No, a contract was never mentioned by him. I live in a very small town and so alot of times things aren't done formally like they are in a big city.

Also, I have saved the email from him stating that there is nothing on his website that says the deposit is nonrefundable.