Small claims court- should I go there? As I will be out of the country can someone else represent me?

[wal49]

I gave a caterer a deposit for a reception for spring 2013. No services were provided at all. the The reception is not going to happen now as my husband has been assigned overseas. I contacted the caterer a month ago and followed up and received no reply from the boss. A representative did speak with me but seems afraid of her boss. No one has returned my money- 1 K. is on the line here. A contract was not signed. Is this a matter for small claims court?

[doran]

A licensed lawyer can represent anyone in any court. No person who is not a licensed lawyer can represent anyone is any court. If you are asking if you can breach your contract and be entitled to a refund, usually not. I was not present when you negotiated your contract but in general if one party to a contract breaches the contract, they are liable to the other party for the damages caused by the breach. So, if you agreed to pay money for a reception and then refuse to go through with your part, for good reasons or not, then you can be sued for the damages.

[curney13]

You might want to get yourself a dictionary. Deposit means a money amount paid to secure a reservation or some other future right. Unless there is something in writing that specifies conditions under which it can be returned, it is non refundable.

In any event, in small claims court you MUST attend. Lawyers are not allowed.