I DISAGREE with those telling you there was no contract!
Furthermore, I don't believe she has any legal basis whatsoever to ask for a return of her deposit.
Contrary to some of the guesswork in here - the agreement to engage your services on the condition that the deposit was non-refundable deposit DOES NOT HAVE TO BE IN WRITING! There is nothing in the statutes of fraud requiring that such an agreement be in writing with her signature attached!
If at the time she engaged your services, all of the essential elements of your services and your fees were understood and agreed upon and it was understood that should she cancel that you were entitled to keep the deposit….
Then a binding, enforceable agreement was struck at that time!
The fact that you made an attempt to have the understanding spelled out in written form does not alter that fact. All you were attempting to do was to document an agreement that had already been made.
However, if she had returned the contract immediately unsigned with an explanation that she was not agreeable to the risk of loosing the deposit and had demanded that it be returned,
OR, she had called or written within a reasonable time of receiving the contract so informing you, then it could be sensiblyu argued that there never was a meeting of the minds or firm understanding between the two you.
But she did neither. Her silence confirms the initial understanding.
If she does pursue this in court I would have you counterclaim for breach of contract and ask for damage in the nature of the anticipated profit you would have made on the shoot.
(The judge might properly conclude that your measure of damages is limited to the deposit, but a counterclaim might give her a sleepless night or two and cause her to back off.)
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As far as venue is concerned – under Michigan law the county where cases in small claims division “shall” be filed is either:
1. The county “where the cause of action arose”, or
2. In the county in “which (you) the defendant is established (?), or resides or is employed”. *
Consequently, the only way she could properly file in her home county, would be if you had traveled there and made the deal with her in that county.
Should she file in her own county and you get served with process –
IMMEDIATELY call the small claims clerk in that county and ask what procedure you need to follow to object to the venue.
(It may be that the claim will be dismissed without prejudice. I’m doubtful that there is a process in Michigan for transferring a case from one small claims division to another. But I’m only speculating.)
If you don’t get satisfaction from the clerk, then talk to an attorney. Because it is possible that small claims venue is NOT jurisdictional and unless you make a timely objection as to venue, court might proceed to rule on her claim.)
Understand that this is offered as general information and not to be treated as legal advice.
Sax
[*] See: Michigan Revised Judiciary Act Section 8415.