Legal Question in Consumer Law in Arkansas

consumer law

I hired someone to cater and decorate for our daughter's wedding. She verbally stated the price and what that would include. She never submitted a proposal for us to sign although stated that she would. She waited 3 months after the service and then billed us for double the amount of the verbal agreement. We want to know where we stand legally. We want to pay her what she initially stated would be the cost but can she take us to small claims to pay the rest? We never signed anything agreeing to this amount and we purchased most of the supplies that were used in the reception/wedding. She also charged taxes and now is trying to charge 5% late fee. What should we do?

Asked on 1/29/07, 7:49 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: consumer law

You send this person a nice letter with full payment of the amount you agreed on. Above where she will sign the check you will need to write "Payment in Full." In your letter to her tell her that you are submitting the agreed upon amount to her under the terms of your oral agreement, and that she can either accept this as payment in full or she can return the check and take you to court.

If she cashes the check it will be an "accord and satisfaction" and she will not be able to collect the additional money from you.

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Answered on 1/30/07, 9:36 am

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