Do I have a case?

[BlushingBride05]

What is the name of your state? Georgia

I am involved with legal issue with our former wedding florist and need advice as to whether I have a case against him to pursue.

We had been working with this florist for a few months, and everything seemed great. On August 5 (Friday), my fiance wrote him a check for the amount ( a little over 4K) and we thought we were OK. Well, that Tuesday (August 9), we experienced a death in the family and decided to just have a ceremony, and cancel our huge reception, and just let our families and very close friends come over to our home. We canceled most of the vendors, but still had to pay most of them because of the late canceling. When we notified our florist, he freaked, was amazingly rude, said it was too late to cancel because he had already ordered the flowers, and still put our check through. We tried to stop payment, but we were too late. Having to pay all of our vendors up front for the cancelation almost broke us, and of course the check bounced. He is now pursuing for the entire check cost and we have received a letter saying we have 10 days to pay.

Now, I never signed a contract with him because he was constantly adjusting it and I never got around to it, and we never received any product or service from him AT ALL. The only dealings he ever had were with me and the contract that I never signed was in my name, but the check is on my fiance (now husband). Can he still pursue us for the entire cost of the bounced check? We are more than willing to pay the cost of the flowers (I am familair with unjust enrichment), but not the whole thing. If we do have to pay the entire amount, does he have to give us something in return? A 4K credit at his shop?

The florist claims that it is not about the contract, but simply that we bounced a check. He even acknowledged to my husband a few days ago that he called to verfiy funds, knew that they were insufficient, and put the check through anyway. Do we have any recourse since we canceled and received no goods or services whatsoever? Please help!

Also, I am a wedding coordinator and it seems that to spite me the florist is telling people that I told him I was having an affair with our wedding photographer (VERY much not true). I know, I know, it is a lot of drama, but this florist is a total drama queen. I think he wants to get back at me, I guess, and this is the best thing he could do. It is affecting my reputation, and I have a handful of people who have heard it from him. can I pursue a defamation of character/slander lawsuit? Would it be worth pursuing? Is there a restraining order for this type of thing to shut him the hell up? Any advice you can offer would be great!

 

[freespeech]

4K worth of flowers is a large quantity and yes they would have been ordered in advance and yes in my opinion you owe for them. Not his/her fault you decided to cancel at the last minute.

However let him/her take you to court and let a judge decide.

Having to pay all of our vendors up front for the cancelation almost broke us,

Sounds like you were way over extended if just the cancellation fees "almost broke" you.

 

[BlushingBride05]

No, we were not over-extended, but we did have to pay every vendor in full, not just cancellation fees. Our wedding was being paid for in large part by my father, who was the death in our family. Having to pay for all of the vendors at once was something we were financially unprepared for.

Also, the 4k was the entire floral bill, including delivery, floral arrangment, vases, etc. Only about 2K of it was actual flowers, and as I stated above we are more than willing to pay that back.

 

[BelizeBreeze]

What is the name of your state? Georgia

I am involved with legal issue with our former wedding florist and need advice as to whether I have a case against him to pursue.

We had been working with this florist for a few months, and everything seemed great. On August 5 (Friday), my fiance wrote him a check for the amount ( a little over 4K) and we thought we were OK. Well, that Tuesday (August 9), we experienced a death in the family and decided to just have a ceremony, and cancel our huge reception, and just let our families and very close friends come over to our home. We canceled most of the vendors, but still had to pay most of them because of the late canceling. When we notified our florist, he freaked, was amazingly rude, said it was too late to cancel because he had already ordered the flowers, and still put our check through. We tried to stop payment, but we were too late. Having to pay all of our vendors up front for the cancelation almost broke us, and of course the check bounced. He is now pursuing for the entire check cost and we have received a letter saying we have 10 days to pay.

All of this is irrelevant to the real issue

Now, I never signed a contract with him because he was constantly adjusting it and I never got around to it, and we never received any product or service from him AT ALL.

Again, really irrelevant to the real issue.

The only dealings he ever had were with me and the contract that I never signed was in my name, but the check is on my fiance (now husband). Can he still pursue us for the entire cost of the bounced check?

NOW the real issue. And the answer is yes, plus legal fees and costs OR, he can turn over the check to the police and your fiance can face charges .

We are more than willing to pay the cost of the flowers (I am familair with unjust enrichment), but not the whole thing. If we do have to pay the entire amount, does he have to give us something in return? A 4K credit at his shop?

then pay for the flowers and take them home.

The florist claims that it is not about the contract, but simply that we bounced a check. He even acknowledged to my husband a few days ago that he called to verfiy funds, knew that they were insufficient, and put the check through anyway. Do we have any recourse since we canceled and received no goods or services whatsoever? Please help!

You bounced a check. Case closed.

Also, I am a wedding coordinator and it seems that to spite me the florist is telling people that I told him I was having an affair with our wedding photographer (VERY much not true). I know, I know, it is a lot of drama, but this florist is a total drama queen. I think he wants to get back at me, I guess, and this is the best thing he could do. It is affecting my reputation, and I have a handful of people who have heard it from him. can I pursue a defamation of character/slander lawsuit? Would it be worth pursuing? Is there a restraining order for this type of thing to shut him the hell up? Any advice you can offer would be great!

No, you don't have a defamation suit. Your fiance bounced a check. That is a fact. I suggest you tell fiance to deal with it before felony charges are brought against him.