small town motel

[khooper11]

Need advice for small claims involving small town motel (Michigan). Party reserved rooms for national sporting event in town, signed reservation/policy acceptance, sent check for room deposit, check bounced and party didnt show or call to cancel reservation. 10 rooms @ $100/night for 2 nights. What will I need to take this to small claims (documentation/ex. witness testimony??) and what can I seek for damages (total loss of $2120 room fee-bank fee-file/court fee??)?

 

[Antigone*]

Need advice for small claims involving small town motel (Michigan). Party reserved rooms for national sporting event in town, signed reservation/policy acceptance, sent check for room deposit, check bounced and party didnt show or call to cancel reservation. 10 rooms @ $100/night for 2 nights. What will I need to take this to small claims (documentation/ex. witness testimony??) and what can I seek for damages (total loss of $2120 room fee-bank fee-file/court fee??)?

Do you own the motel? If you do, are you telling us that the reserving party's check bounced prior to the reservation date and you still considered yourself committed? Did you rent any of those rooms on those nights?

 

[khooper11]

The party signed/accepted the reservation/motel policy upon reserving the rooms, IE: contract. The rooms were not re-rented, but inquiries were made on rooms which were already assumed to be booked by party in question. Had party canceled reservations prior to policy deadline the rooms could have been re-rented, party assured motel they were honoring reservations.

 

[seniorjudge]

Please answer these questions:

Do you own the motel? If you do, are you telling us that the reserving party's check bounced prior to the reservation date and you still considered yourself committed?

 

[khooper11]

no I do not own the motel.....and yes the owners still considered the signed reservation and policy by the party to be valid. The bank notified the motel of the insufficient funds on the check the day prior to the reservation date, the owners called the party and the party reaffirmed there intent to reserve the rooms and said they would pay in full by certified check the day of arrival (next day). Motel also faxed party a revised confirmation of reservation and payment due which the party faxed back the same evening signed in agreement/confirmation.

 

[Antigone*]

The owner can sue the bad people in court; YOU however cannot seek damages since you have suffered none.

 

[khooper11]

Yes I realize "I" cannot sue, my question is what do the owners need as far as documentation to bring this into small claims. I realize I originally said "I" in my thread. I wanted to avoid complications and receive legitimate legal advice, the issue is still the same regardless if I am the owner or not.

 

[Antigone*]

Yes I realize "I" cannot sue, my question is what do the owners need as far as documentation to bring this into small claims. I realize I originally said "I" in my thread. I wanted to avoid complications and receive legitimate legal advice, the issue is still the same regardless if I am the owner or not.

Have the owners take the NSF check and the contract as evidence when they present their claim.

 

[khooper11]

Thanks, thats what I figured too. Should they also have copies of the fax confirmations? Also, what can they sue for...bank fees associated with the check?...court/file fees?...and the room/tax fees?

 

[Zigner]

Thanks, thats what I figured too. Should they also have copies of the fax confirmations? Also, what can they sue for...bank fees associated with the check?...court/file fees?...and the room/tax fees?

If no taxes were paid (because no room was rented), why would they sue for taxes?

As for paperwork, bring it all - several copies of each. Tell them to keep it organized...perhaps several small binders to give to the defendants and to the court. Plus and extra one or two, just for good measure.

 

[khooper11]

Thanks to everyone for their legal advice! I wasnt sure if the motel had a case or not regardless of the signed reservation/policy and the "down to the wire" bounced deposit check. I appreciate everyones help here!

 

[ignitespeed]

If no taxes were paid (because no room was rented), why would they sue for taxes?

As for paperwork, bring it all - several copies of each. Tell them to keep it organized...perhaps several small binders to give to the defendants and to the court. Plus and extra one or two, just for good measure.

If no rent was paid for the room, why would you sue for the rent ?

With your analogy your stating even though taxes and rent fee's go hand in hand, in a court proceeding to recuperate lost finances everything is game except the immuned taxes ?

They are suing for lost $$ due to denying check in's to 10 rooms.

If a room cost A ( money) + B ( Taxes) = Total

Yet they are suing for Projected AB(Total) Why would only A be acknowledged
.
Why would they not sue for tax compensation ?

What if the contract said your obligated to Taxes

It's a "projected" account to lost value due to a broken agreement.

What do you do for work Zignar

 

[Antigone*]

If no rent was paid for the room, why would you sue for the rent ?

With your analogy your stating even though taxes and rent fee's go hand in hand, in a court proceeding to recuperate lost finances everything is game except the immuned taxes ?

They are suing for lost $$ due to denying check in's to 10 rooms.

If a room cost A ( money) + B ( Taxes) = Total

Yet they are suing for Projected AB(Total) Why would only A be acknowledged
.
Why would they not sue for tax compensation ?

What if the contract said your obligated to Taxes

It's a "projected" account to lost value due to a broken agreement.

What do you do for work Zignar

Slow down Senor Speedy,

Zigner is totally on point here. You would not sue for the taxes because taxes have not been collected and/or turned over to the taxing authority. They would be suing for damages - lost taxes do not damage the plaintiff in any way, only the lost revenue does.