What is the name of your state?
- Texas (wedding planner is in Maine)
My husband and I contracted a wedding planner 9 mos prior to our wedding. We live in Texas but were getting married in Maine, so everything was done online and over the phone. She provided us with a list of services she would provide, as well as her standard contract which required payment in full of $1500 before any work was performed. The payment was for the whole service, not per item or task, although she had mentioned in e-mail that cost to coordinate the actual wedding day was $500. I insisted that we call the list of services “Addendum A” to her contract, changed language in her standard contract to refer to Addendum A, and asked her to sign and date two copies before we would pay. She complied with those requests and over the course of the next few months performed a few of the services provided.
Two months before our wedding, she told us that she would be unable to help us on our wedding day or with the rest of the items. She had not performed about one third of the items on Addendum A, and would not be able to coordinate the wedding day itself. After several e-mails where I pointed out the percentage of items not completed, as well as quoted from her own contract, she agreed in an e-mail to refund us $750 – her exact words were: “A refund is fine. Please confirm where you want the $750 mailed to. I wish you both the very best and sorry that this didn't work out. I know you will have a beautiful wedding.”
Well, that was a year and a half ago. I would e-mail and ask when I could expect the check, and she would string me along by saying “at the end of the month” or “in the next couple of weeks”. Then she stated she could only send me “300 now, and the rest within weeks”. Well, I never saw the $300, or “the rest within weeks”.
At one point my father, who wrote her the check and who lives in Massachusetts, wrote to her to press her. She responded to him that “I apologize for how long this has taken. I fully intend to follow- through with the agreement that I mad [sic] with Maya.” I have always remained cordial in e-mails, but over the past year she has stopped responding to e-mail and would not answer her phone. (The phone has been disconnected in the past couple of months).
I have looked into suing her in Portland, ME Small Claims court, which would be difficult since I live in Texas. Could I take her to small claims court in Texas, since this was done online rather than in any state? What should I do about the fact that she is now unresponsive? At this point I do not even know her home address (though I know her home town). I feel up against a wall - any suggestions for how to proceed?
Do I have a good case if I take her to Small Claims? This has been going on since she breached the contract in April 2004. Is there a statute of limitations for small claims? I have been trying to be patient, but there are limits. What kind of recovery can I expect if a judgment is made against her? (Even if she refuses to pay anything, what happens to someone with a judgment against them?)
Thanks in advance for your help.
- Texas (wedding planner is in Maine)
My husband and I contracted a wedding planner 9 mos prior to our wedding. We live in Texas but were getting married in Maine, so everything was done online and over the phone. She provided us with a list of services she would provide, as well as her standard contract which required payment in full of $1500 before any work was performed. The payment was for the whole service, not per item or task, although she had mentioned in e-mail that cost to coordinate the actual wedding day was $500. I insisted that we call the list of services “Addendum A” to her contract, changed language in her standard contract to refer to Addendum A, and asked her to sign and date two copies before we would pay. She complied with those requests and over the course of the next few months performed a few of the services provided.
Two months before our wedding, she told us that she would be unable to help us on our wedding day or with the rest of the items. She had not performed about one third of the items on Addendum A, and would not be able to coordinate the wedding day itself. After several e-mails where I pointed out the percentage of items not completed, as well as quoted from her own contract, she agreed in an e-mail to refund us $750 – her exact words were: “A refund is fine. Please confirm where you want the $750 mailed to. I wish you both the very best and sorry that this didn't work out. I know you will have a beautiful wedding.”
Well, that was a year and a half ago. I would e-mail and ask when I could expect the check, and she would string me along by saying “at the end of the month” or “in the next couple of weeks”. Then she stated she could only send me “300 now, and the rest within weeks”. Well, I never saw the $300, or “the rest within weeks”.
At one point my father, who wrote her the check and who lives in Massachusetts, wrote to her to press her. She responded to him that “I apologize for how long this has taken. I fully intend to follow- through with the agreement that I mad [sic] with Maya.” I have always remained cordial in e-mails, but over the past year she has stopped responding to e-mail and would not answer her phone. (The phone has been disconnected in the past couple of months).
I have looked into suing her in Portland, ME Small Claims court, which would be difficult since I live in Texas. Could I take her to small claims court in Texas, since this was done online rather than in any state? What should I do about the fact that she is now unresponsive? At this point I do not even know her home address (though I know her home town). I feel up against a wall - any suggestions for how to proceed?
Do I have a good case if I take her to Small Claims? This has been going on since she breached the contract in April 2004. Is there a statute of limitations for small claims? I have been trying to be patient, but there are limits. What kind of recovery can I expect if a judgment is made against her? (Even if she refuses to pay anything, what happens to someone with a judgment against them?)
Thanks in advance for your help.
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