Legal Question in Civil Litigation in Alabama

I gave a check to a caterer as a down payment for services which I cancelled 2 weeks later. I signed no contract with them. The caterer deposited my check and called me by phone to tell me that they would keep $100.00 out of the original downpayment for "their trouble". I put a stop payment on my downpayment check. The caterer sent me a check in the mail for the amount of my original downpayment less $100.00 dollars. I want to return her check and get my original check returned to me and I feel I don't owe her a dime since I never signed any contract with them.


Asked on 3/18/10, 7:33 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Just because no document was signed does not mean there was no contract. What was your agreement with the caterer? Did you agree to accept the refund less the $100? I am confident she has cashed your check, because she sent a check to you for a refund. What percentage of the total cost of the catering was the $100? Is it reasonable for her to charge for cancelling? Why did you cancel? These are the kinds of questions that you would have to answer if you decide to ask a court to sort this out for you. There is no way to settle this short of a lawsuit in District Court (maybe on the small claims docket) It is probably not worth the $100 to pursue this in court. I suggest you consult an attorney, but get off the idea that there is no "contract" because you didn't sign a document.

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Answered on 3/24/10, 5:56 am


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