Chris Nguyen
New Member
- Jurisdiction
- Nevada
So I have a dispute with my wedding venue since they did not want to issue my refund due to COVID. We finally settled on returning half as long as I sign a document to close our case. We scheduled for me to come after work around 430pm to sign the document and get the money. I showed up and she was a no call no show. Her secretary got her on the phone and she said to come back tomorrow. As I left, I realized I had other obligations and texted her to just email me the form and I will sign it. She can then just mail me a check. I got no reply. The next day, sent another text to confirm, no reply, Called and left her a voicemail, no reply. Call before leaving work, no reply. My wife called twice and no reply. Today is Monday and I messaged her again saying I am assuming she would like to settle this through arbitration since she has avoided all communications. She finally replied that I was the one that made the change of plans since I did not show up the following day and that I should owe her for the remaining money. How I can owe her for the remainder if she never provided anything for us as our wedding day came and gone.
There is an arbitration clause in our contract but it also noted that the prevailing party is entitled to recover arbitration costs and reasonable lawyers fee. My concern is if I lose in arbitration, I will have to pay like 3k plus in cost since businesses have to front all the money in arbitration when I am only asking for 4k back. Does a text message constitute as binding for mediation? Do I have a leg to stand on? Even with a arbitration clause, can I go directly to small claim court? Which route should I take?
There is an arbitration clause in our contract but it also noted that the prevailing party is entitled to recover arbitration costs and reasonable lawyers fee. My concern is if I lose in arbitration, I will have to pay like 3k plus in cost since businesses have to front all the money in arbitration when I am only asking for 4k back. Does a text message constitute as binding for mediation? Do I have a leg to stand on? Even with a arbitration clause, can I go directly to small claim court? Which route should I take?