Can I be taken to court?

UPDATED: Sep 30, 2022

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Can I be taken to court?

I called BB moving and gave them a 285 deposit to hold my date. I canceled
within the hour and they will not refund my deposit. I put a stop payment on it and
was told and shown in writing that if I put a stop payment on this that I’ll be
personally liable for entire charge PLUS court costs, and attorney fees and that it
will be in superior court in LA. They will take me to court. Is this legal? Can they do

Asked on November 6, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they can sue you for the money, can certainly get the amount of the stopped check and the court fees/costs, and might be able to get attorney's fees, too. A deposit is NOT refundable unless the terms of the service agreement or contract specifically state it is refundable, and you complied with those terms. Otherwise, the entire point of a deposit is that you give it up if you cancel the transaction: that is a way to encourage you to *not* cancel, and it also guarantees that if you do cancel, the vendor still gets some payment as compensation for having reserved that time/date/etc. for you. There is no right to cancel, even within the hour, unless the contract, etc. gave you that right. So based on what you write, they could sue you successfully.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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