What is the name of your state (only U.S. law)? California
Back in late October of 2014, I signed a contract and made a non-refundable deposit of $3,500 for a wedding venue booking a date in June 2015. The contract specifically states that the deposit is non-refundable. Also, it requires payments of additional $3500 on April and $3500 again in May.
Unfortunately, on December 10th, 2014, my father fell and due to a traumatic brain injury, he underwent a very invasive surgery and was in a coma for a month. During that month, I visited the location and spoke with the wedding planner informing her that the wedding will not happen because the doctors were saying that my father would not wake up and even if he did, he would remain in a vegetative state. She sympathized and mentioned that the $3500 is nonrefundable and that I need to sign a cancellation contract. She also said that since it is prior to the 90 days before the wedding, that I can confirm the cancellation and not pay the remaining $3500 due in April and May.
In February of 2015, I received the cancellation contract which was to be signed. The contract again stated that the $3500 was nonrefundable and that I was not entitled to the remaining payments for April and May. I was hesitant to sign anything that stated and confirmed that I will never get the $3500 back. Originally, I had intended to file a small claims but totally forgot to deal with it with everything going on. Yesterday, I received a certified letter that contained a different contract. This was also a cancellation confirmation contract, stating the nonrefundable $3500 and additional $9000 cancellation fee. I am so overwhelmed and stressed out because I definitely cannot afford that kind of money. My family is not able to pay mortgage because of financial issues, and our home is listed for foreclosure. With my father going back and forth to long term care and the hospital, I am also dealing with Social Services for Medi-Cal, health insurance claims, tax documents, and now this. There is no time for me to plan a wedding and it is not going to happen without my father being in the state that he is. After 3 months, my father is still unable to do anything except open his eyes.
My question is: Will I be able to file small claims to get something back from the $3500 payment that was made? Will I legally be obligated to follow through with the original contract and have to end up paying $9000?
I see my father in the hospital and miss him dearly. We miss his voice and when we come home at the end of the day, our family is missing one person. I am in dire need of legal expertise. Any information would help. Thank you!
Back in late October of 2014, I signed a contract and made a non-refundable deposit of $3,500 for a wedding venue booking a date in June 2015. The contract specifically states that the deposit is non-refundable. Also, it requires payments of additional $3500 on April and $3500 again in May.
Unfortunately, on December 10th, 2014, my father fell and due to a traumatic brain injury, he underwent a very invasive surgery and was in a coma for a month. During that month, I visited the location and spoke with the wedding planner informing her that the wedding will not happen because the doctors were saying that my father would not wake up and even if he did, he would remain in a vegetative state. She sympathized and mentioned that the $3500 is nonrefundable and that I need to sign a cancellation contract. She also said that since it is prior to the 90 days before the wedding, that I can confirm the cancellation and not pay the remaining $3500 due in April and May.
In February of 2015, I received the cancellation contract which was to be signed. The contract again stated that the $3500 was nonrefundable and that I was not entitled to the remaining payments for April and May. I was hesitant to sign anything that stated and confirmed that I will never get the $3500 back. Originally, I had intended to file a small claims but totally forgot to deal with it with everything going on. Yesterday, I received a certified letter that contained a different contract. This was also a cancellation confirmation contract, stating the nonrefundable $3500 and additional $9000 cancellation fee. I am so overwhelmed and stressed out because I definitely cannot afford that kind of money. My family is not able to pay mortgage because of financial issues, and our home is listed for foreclosure. With my father going back and forth to long term care and the hospital, I am also dealing with Social Services for Medi-Cal, health insurance claims, tax documents, and now this. There is no time for me to plan a wedding and it is not going to happen without my father being in the state that he is. After 3 months, my father is still unable to do anything except open his eyes.
My question is: Will I be able to file small claims to get something back from the $3500 payment that was made? Will I legally be obligated to follow through with the original contract and have to end up paying $9000?
I see my father in the hospital and miss him dearly. We miss his voice and when we come home at the end of the day, our family is missing one person. I am in dire need of legal expertise. Any information would help. Thank you!
