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Just Said Yes April 2023

Do i have a small claims case against my venue?

Erica, on September 18, 2023 at 12:33 PM Posted in Wedding Reception 0 4
I got married in April, 2023, my husband and I had this venue booked for over 2 years. This venue is on the sixth floor of a hotel and the venue has a lease with the hotel to use the space. The week of the wedding comes up and we have a rehearsal scheduled at the venue 2 days before the wedding. At the rehearsal we realize that it is extremely hot, so I text the owner of the venue telling him that it is extremely hot and if we can we get the air conditioning on. I then ask the person working in the lobby of the hotel about the air conditioning and they tell me that the AC is completely broken and they don’t know when it’s getting fixed. The venue owner texts me back hours later telling me that the AC does work and he doesn’t know why the hotel workers would tell me that they didn’t. The next day we went to the venue to set up some decorations and it is still extremely hot! I text the venue owner and he tells me that the AC is broken and he’s been trying to get it fixed for days and that it probably won’t get fixed by the next day which is the day of the wedding. He calls me and tells me he’s so sorry and that he will make sure my entire wedding is refunded. The wedding day goes by and it was extremely hot, my guests were so uncomfortable, most didn’t come back for the reception, and everyone left early. I even had a family member faint due to the heat. After the wedding I get an email from the venue owner again saying he’s sorry and that the hotel where the venue was located has now been shut down and the venue is closed. He tells me that they are filing a lawsuit against the hotel owner for breaking their lease and ruining 2 weddings due to the AC not working. It has now been 5 months and after several emails to them they keep telling that they cannot give me a refund yet because they don’t have the funds, the venue is closed, and because they are still working on the lawsuit. Can I file a small claims case for my refund?

4 Comments

Latest activity by Jacks, on September 19, 2023 at 12:12 AM
  • R
    Rockstar June 2018
    Rae ·
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    Only a lawyer can answer this accurately. Based on the information you provided, I think not. Particularly given the venue has now been shut down they have no personal motivation to provide your refund. Yes, the owner did communicate to you that there would be a refund but depending on how this information was delivered (and if they are even the ones to be making that decision) as to how much this would hold up in court. It's also worth factoring the cost of legal fees to take them to court... you could very well spend just as much if not more trying to get your money back.

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  • Michelle
    Rockstar December 2022
    Michelle ·
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    The only way to know is to speak with a lawyer and give them all the information including contact info for the venue owner
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  • Michael
    Rockstar October 2023
    Michael ·
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    This is the type of information I have found in research.

    Small claims lawsuits can be filed for anything as long as the claim is not above the limit for small claims (maybe $10k typically). There may be a Nolo Press book on doing small claims. And the case may have to be filed in the county of the party(s) being sued. There may also be some aid through the court or the city/county law library. And possibly there are possibly paralegals that can help with paperwork. There might be multiple parties and then it is important that lawsuits specify the parties that bear liability.

    Those sources probably can help get you in the right direction.

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  • Jacks
    Rockstar November 2054
    Jacks ·
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    This is really complicated. The lease situation between the venue and hotel add so much complexity to the issue. The only real way to answer that question (my own opinion), would be to consult with a lawyer. Sorry that happened to you!

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