Legal Question in Business Law in California

Hi there, I'm currently trying to build a photography business, I work full time as a driver, but if I get enough work, I want to leave and become a photographer full time. I had a wedding booked and they paid a deposit of 180, and paid the rest 545 about a month ago. She then booked me for a pole studio session which I have done, but was not happy with my work, so has now cancelled her wedding and wants the full amount now, but I explain the deposit is non refundable and that I haven't got the full 545 to pay her now. I asked if i could pay other a few months as I'm on a low income and honestly don't have the money otherwise I would pay now. If i had any idea she was gonna cancel, then I would have not spent her money. Where do I stand, she is saying she might take me to court, but i am willing to pay, just need two or three months to save this up? Ur help would be great, thanks in advance


Asked on 4/30/12, 1:56 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The refundable portion of a deposit or prepayment is probably a 'trust fund' and the client has a right to expect a prompt refund. Perhaps you should even keep refundable deposits in a separate bank account until earned or refunded. In addition to knowledge of photography, running a successful photography business will require knowledge of basic business practices. I would recommend taking care of this obligation asap so she doesn't report you to consumer reporting firms like the BBB or worse, take you to small claims court.

Read more
Answered on 4/30/12, 8:00 am


Related Questions & Answers

More Business Law questions and answers in California