Hi Everyone, I was wondering if any of you has sued a person in Small Claims Court before in Nassau County. I fired my florist 2 months before the wedding (not the one I have down as my florist). He screwed me so bad and couldn't guarantee any of the flowers he said he could when I booked him. Plus in my contract he put question marks to save his butt. He refused to give me my $500 deposit back, even though his contract never said no refunds. He was horrible and I want my money back. Can anyone help???
Kathy116
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Re: Small Claims Court help!!
My DH has won several judgments in small claims court in Suffolk county against clients who refuse to pay their bills.
Problem: just because you have a judgment, doesn't mean they will pay it, at least this has been our experience. In one case the judge allowed the client to make payments of $5 a month, and my DH gets the payment like every fourth or third month for $5. It's so frustrating.
suven
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Re: Small Claims Court help!!
I know that there have been some winning claims in small claims court. Just make sure you have the proper business name.
shamrock12472
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Re: Small Claims Court help!!
You have to find out which court to file in. You can do that by calling. When you go to file a claim, they are very helpful. My mother and brother have both used them for gaining judgements. It is true that although you may win, there is no guarantee that they will pay the judgement but you can have the Sherrif's dept help you collect after a certain time.
meadowgirl
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Re: Small Claims Court help!!
Thanks guys.... I really don't know what to do. He was on LIWEDDINGS and I really want people to be aware of this so they don't use him.. If it was only $200 then I would take the loss, but $500 is a lot for not doing anything.
juju
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Re: Small Claims Court help!!
I used to be a mediator at small claims court and if you or the vendor resides or located in Nassau, you can file there.
If you go to Nassau, all the cases go to mediation in Court prior to a Judge. Try to resolve it in mediation, however, if you don't you'll have the opportunity to go in front of the judge.
If there are three judgements against this vendor, you will automatically win your case. However, just because he has a judgement does not mean he will pay. It will just go against his credit report. That is why it is best at times to go to mediation so that the two you will have the opportunity to discuss any possible repayments.
Oh yeah....Take all your proof! And remember, the judge will only go based on who has the best proof for their case.
Good Luck and FM me if you have any questions.
ETA>>>>>Just curious.....when did you book with him? I know you said you cancelled 2 months before the wedding. The judge might take that into consideration that you cancelled at the last minute. But, if you go to mediation...you can try to settle on an amount. YOu also have FM
lcherian
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Re: Small Claims Court help!!
i would also check the consumer fraud laws in NY and see if there is something that the florist didnt comply with (ie. he must mention in his K that deposits are non-refundable).
dont forget to also report the florist to the BBB.
chris605
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Re: Small Claims Court help!!
Posted by meadowgirl
Hi Everyone, I was wondering if any of you has sued a person in Small Claims Court before in Nassau County. I fired my florist 2 months before the wedding (not the one I have down as my florist). He screwed me so bad and couldn't guarantee any of the flowers he said he could when I booked him. Plus in my contract he put question marks to save his butt. He refused to give me my $500 deposit back, even though his contract never said no refunds. He was horrible and I want my money back. Can anyone help???
