So a big event for spring break was suppose to happen but due to the Coronavirus it is being postponed. They are offering different events to choose from that are happening in the future, without any additional cost. There is a big chance I will not be able to attend the future events. What they are saying is that they can not refund the money because it a "family owned business." They are telling me that my best bet is to sell it to someone else but I have no one willing to purchase the tickets. Therefore $320 will go to waste.
Their being a "family owned business" has nothing to do with anything, and I can see how that would strike you as a dumb reason to justify an action or an inaction.
Their corporate structure or lack thereof is irrelevant.
All that matters is the language in the parties' contract, which shows the parties' intent. That, and the facts of what the parties have done or not done (besides asserting this dumb family-owned business claim) is what a judge would look at in evaluating any complaint's allegations.
If the parties' contract agreed on your money's non-refundability, expect a judge to enforce that, unless your contract says that a force majeure event entitles you to a refund.
That's a great question. We're unfortunately going to see a lot more questions about this topic the coming months. So, let's bat this around generally just a bit:
(1) If the amount is small, you can take them to small claims court. No lawyers there but you'll need to read the contract carefully to understand your arguments. For these questions coming up with coronavirus cancellations that aren't a lot of money, the person who holds the money has the upper hand, whether the person wanting to keep a deposit or get it back by way of example, unless the other party is willing to invest the effort in small claims court.
(2) If it's enough money to warrant getting legal counsel involved, and assuming there is a written contract (and there should be if its more money involved), the terms of the contract control. The attorney will need to review those terms and how they interact to give you an answer. The facts of your situation and how well the contract was drafted will make that answer more or less clear regarding your likelihood of prevailing. In some circumstances there might be other claims besides breach of contract involved. That's where the lawyer is worth paying!
(3) Economics always matter in litigation. The worst thing in the world is paying the lawyer and then feeling like you didn't reach your goal. The first thing I always ask a client is what their goal is. Examples: Do continuing good relationships matter? Do you have the money to take it all the way to trial or do I push hard on early settlement compromises? Also, if you have a written contract (in California) and it doesn't provide for recovery of attorney fees, you don't get to claim them in your recovery. You would have to have another claim to have a shot of getting your legal fees back. Many people don't understand that and think that the winning side always gets their attorney fees back. Those types of considerations are important in understanding the economics of your case and formulating the best approach for the client.
The economics are saddening on BOTH sides with the covid-19 coronavirus and, unfortunately, courts may have to step in to determine where the hardships fall. Mediation and arbitration are also often lower costs options.
It’s early days, yet—but a company trying to survive this is more at risk of complete failure them an individual,. We’re all in this together. You may want to remember that.
We can’t speculate on a contract we have not read and as indicated above unless this was some expensive event it’s not economically sensible to involve attorneys to review the contract and details. Try a credit card dispute or small claims court.
A great deal will involved on the terms and conditions of the sale. This would be a small claims case so the legal fees will be close to $0. Best wishes.
I have been to Nassau County Family court in front of a magistrate on 4 different occasions within the last 3 months . My ex husband receives legal aid as the respondent but I do not qualify because plaintiffs do not get legal aid in Nassau County. I am owed child support, medical and educational expenses to which I was supposed to receive payment on or before 8/26/10 or see the Family Court judge. Neither of which occurred. I have now filed an objection to the Family Court against the magistrates ruling or lack there of. I am waiting for a court date to see a judge in Family Court. I need representation but I am in severe financial hardship and can not afford an attorney.
Can you help me get representation?
Thank you
I just need to know, where to file my lawsuit. Our property is in Jesup, IA and we evicted our tenants in Sept. 09. Non payment of rent, owed deposit still, other things. I am still waiting for the Buchanan Sheriff's dept to send me the report and pictures of the marijuana that was being grown on our property. This was found the day after they moved on Oct. 1. They were in a 1 year lease that was broken and many damaged as well. I was not able to find anyone to rent the property until the end of Dec. 09. I found out that they are living in Ft. Meyers, Fl and I need to know if I file in Jesup, IA (where our property is located)or Ft. Meyers FL? I know its going to be difficult but this has to be done. They owe us over 6000.00. Wouldn't that be in Civil Court? Its 5000.00 limit in FL and Iowa for Small Claims. I just need to know where to file and what court please.
I am living in Reno, NV and have been in NV since last year.
Thank you for your help.
Shelley Silva
collections
I have just received a check for work performed for a client marked ''full payment'' and designating the invoices it is full payment for. Trouble is, it is only partial payment. Do I cash the check? If I do, am I accepting that as full payment? Can I collect the rest of my money?