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Do I have any legal recourse???

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nikkums

Junior Member
Washington State

My mom organized a baby shower for me at a local restaurant. Apparently the check she wrote was bad. The restaurant contacted me a couple of weeks later and told me this. I advised them I would let my mother know the check she wrote bounced. I contacted my mother, who advised me it was all taken care of. A few weeks later my boyfriend and I went into the restaurant for dinner (this was a place we regularly frequented). After ordering our food, the waitress recognized us and asked us if we had a baby shower recently there. We said yes. The waitress started harrassing us about the bounced check. I advised them that this was an issue between them and my mother as I was not a signer on her account, nor responsible for her financial matters. I apologized that she had bounced a check there. The waitress began harrassing us very loudly. We decided to cancel our order. The waitress would not refund our money, and stated she was keeping it as a deposit towards the money my mother owed them. We were outraged, my boyfriend contacted the local police who told them it was a civil matter and they wouldn't respond to the call. I filed w/ the Better Business Bureau because I don't feel that I should have been held financially responsible for a bad check my mother wrote, that I had no control or knowledge of. Their response was to send out a trespass notice to my mother siting my boyfriend and myself as well. I understand that my mother wrote a bad check and this is illegal, however I don't feel that MY money should've been taken. I wrote a letter demanding my money back and their response was to send the police to my mother's house and try to get her arrested.(I again, understand my mother is at fault). I am just curious if what they have done is at all legal???

Thank you!:confused:

Nikki
 


xylene

Senior Member
When you say you demanded your money backI am assuming you are talking about about food you canceled?

Usually, in most restuarants, you pay after you have consumed your food, so this is extremely confusing.

If you did pay for food, and did not recieve it, they have no right to charge you.

You sue restuarant for your bill.

Restaurant sues mom for her bill.

I want to ask one more question, was mom the person who contracted for the wedding shower?
 

nikkums

Junior Member
Do I have legal recourse?

Yes, my mother was the one who "contracted" for the shower. I don't know that there was a contract perse, she just made reservations for a banquet room verbally.

As for the food cancellation, we were in the restaurant ordering the food when the waitress started harrassing us about my mother's bill. We were ordering the food as take out, hopefully that clarifies. It was about 2 minutes after the food was ordered that we cancelled the order since the waitress was harrassing us. She verbally said, I'm not giving you your money back, I'm holding it for a deposit towards the money your mother owes us for the bad check.

I just want to know if there's any legal way they can hold my money for my mother's bad check.

Thank you.
 

xylene

Senior Member
I just want to know if there's any legal way they can hold my money for my mother's bad check.

Thank you.

I think I answered that.

You sue them for your money

They sue mom for their money.

You can sue in small claims.

If they defense to your lawsuit is "your mother.." :D then they will lose.
 

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