Wedding canceled due to Military Specail Mission

[Ayeshared1]

My husband and I are in the military and he got called to go on a special mission, which caused us to cancel our reception in Chicago. We are having a problem with a photographer that doesn't want to give us our money back. It was a $250 deposit. On his contract, it doesn't state no refunds on deposit or if cancellation, the money will be transfered to another date. If I take him to court, can I win the case and get my money back? Can I add my traveling fees, and court fees into the claim?

 

[seniorjudge]

Q: If I take him to court, can I win the case and get my money back?

A: You have about a 50-50 chance, more or less.


Q: Can I add my traveling fees, and court fees into the claim?

A: Traveling fees are not damages so you can't get them; depending on the statute in that state, you could ask for court filing fees.

 

[Ayeshared1]

What are my chances?

So what are my chances that I will and won't win? I told him that I would provide a copy of my husbands military orders like I did with the reception hall. The reception hall gave me all of my money back!

 

[cbg]

Does the contract state that you WILL get a refund? If not, you've already been told what your chances are; 50/50.

 

[Ayeshared1]

I'm just looking for a better understand before making the decision to take the next step. You said, that it doesn't state you will get a refund. But when you take something you purchased from a store and it doesn't say no refunds on returns, the customer gets the refunds then. Why is this different? If it said no refunds, there is no doubt that you will get your money back for the purchase. So can I bring up the Soldiers' and Sailors Civile Relief Act? He stated that he will take me to court for the remainder of the money that should have been paid on the day of the wedding. Can he do that? I know that Chicago IL isn't really a military town for him to fully understand the situation at hand. Should I get an attorney?