I had a party planned for my daughter 1st birthday which was supposed to take okay on 3/28 however due to the Coronavirus and the fact that gatherings are being prohibited temporarily my venue cancelled my party and issued a full refund. However I had a party planner who I initially gave a deposit of $325 and then $900 for the rest of the payment. The party planner is now telling me I can’t get a refund I can only post pone which I can’t due to the fact we don’t know when this pandemic will be over. I even told her she can keep the $325 for customized things but as far as the $900 it should be able to be refunded due to the virus which is out of my control. Also note that no contract was signed upon initial booking so there was no mention of a non refundable policy at the beginning of booking nor anything within until this issue came up. Can I take her to court to get my $900
Small claims court is certainly the proper venue for your claim. You can get online a form pleading to fill out and file with the court.
I would think that a cancellation policy as draconian as you described may persuade the small claims court to rule in your favor due to the absence of a written provision setting forth the cancellation policy.
You could go to Court even with a weaker claim but there's no court right now and no one could tell you when the court system will be in service again.
