What To Do With Deposit?

Business By jen1977 Updated 29 Jul 2007 , 10:08pm by cupcake

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jen1977 Posted 26 Jul 2007 , 1:43pm
post #1 of 19

I did a two tier stacked gift box cake last Saturday and used a nice ceramic board, and a plate wit hhidden pillars. I put a list of equipment in the envelope with the invoice, and reminded her that they needed to be returned by Wednesday in order to receive her deposit back. I hadn't heard from her by late Tuesday evening, so I sent her a nice little reminder email that they needed to be returned by Wednesday. I also told her that if I wasn't home when she returned the items, she could leave them next to the door, and I would mail the check back. Well, Wednesday came and went....never heard from her, and I didn't get my stuff back either. Do I cash the deposit check now? What do I do if she returns the tings this weekend? Return the money? I now have to go buy more pillars because I need them for a cake that's due tomorrow and don't have enough! I also needed the baord for the same cake! She was so sweet and easy to work with, I hate to keep her money, but I need my stuff back! Do I keep it if she returns the things late, return itall, part of it?

18 replies
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ladefly Posted 26 Jul 2007 , 1:47pm
post #2 of 19

ooo. im not sure, but i would try calling her and saying that you need it NOW, and set up a time.
But just say it nice. LOL

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abeverley Posted 26 Jul 2007 , 1:50pm
post #3 of 19

My contract clearly states when the items are due back. I have had one time were the person did not return them on time (2 days late) and when they did return the items I just clearly told them that the refund was not due because of the break in the contract as I had to do the same thing and had to buy more items for the cake that was due the day after the items were due back.

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lynda-bob Posted 26 Jul 2007 , 1:51pm
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I think I might send her one more email (friendly) and tell her that since you've not heard from her you assume that she understands that the deposit will not be returned. Thank you and please call again icon_smile.gif

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mullett Posted 26 Jul 2007 , 1:57pm
post #5 of 19

i deposit the check when i get it. (what do you do now if they have put a stop payment on your check. no money or equipment.) i then give them a business check back for the refund once they return the equipment.

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MomLittr Posted 26 Jul 2007 , 1:58pm
post #6 of 19

Lynda-bob, did you have a signed contract stating when items needed to be returned? If you did, I would try to cash the check (go right to the bank it is drawn on if you can) and not give it a second thought.

deb

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abeverley Posted 26 Jul 2007 , 1:59pm
post #7 of 19
Quote:
Originally Posted by mullett

i deposit the check when i get it. (what do you do now if they have put a stop payment on your check. no money or equipment.) i then give them a business check back for the refund once they return the equipment.


I do the same thing, deposit and give back company check

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FromScratch Posted 26 Jul 2007 , 2:02pm
post #8 of 19

I agree.. you had a contract (I assume).. and not only that but you sent her a reminder e-mail.. she didn't comply.. you keep the money. And for the next time. Don't say she can leave it by the door if you're not home because she can easily say she left it there even if she didn't and there's not way to really refute it. Always make sure that you get your items in hand.

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jen1977 Posted 26 Jul 2007 , 2:02pm
post #9 of 19

I had tried around 9:30 to get her on the phone, and had no luck. She just called me and said she isn't sure she can bring it by today, but I'm more than welcome to come pick it up. I have two large cakes to do today and tomorrow, and don't have time! I told her I need some of the euipment to use this afternoon. She said she would have eventually brought it back, and didn't know there was a deadline. I told her the deadline and had it in writing with her invoice. If I have to replace the stuff today, then she returns my other stuff, what do "I do? Return part of the deposit, keep it all?

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abeverley Posted 26 Jul 2007 , 2:04pm
post #10 of 19

Keep it.

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Julisa Posted 26 Jul 2007 , 2:05pm
post #11 of 19
Quote:
Originally Posted by mullett

i deposit the check when i get it. (what do you do now if they have put a stop payment on your check. no money or equipment.) i then give them a business check back for the refund once they return the equipment.




I agree. Before you email her, go and cash the check. If she returns the items ON TIME, giver a comp. check or cash and have her sigh that she recieved the deposit back. If not then use the deposit to buy what you need. If she then returns the items later, tell her she brok the contract and her deposit is non refundable. If she starts acting icon_mad.gif and you need to placate her. Offer her a discount on her next cake.

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OhMyGoodies Posted 26 Jul 2007 , 2:09pm
post #12 of 19

You had it clearly stated there was a due date, go to HER bank and cash the check. If she's stopped payment you have proof with your copy of the contract/invoice you can try to get her bank to honor it anyway.. they MIGHT.

Cash the check at HER bank would stop any over draft fees from being applied to YOUR account if she falls short on the amount. I doubt she'd be smart enough to stop payment as it's obvious she wasn't smart enough to see the deadline on returning the items.... anyway cash it go buy what you need, when she does return the items, explain to her that since she didn't return them by the date stated numerous times and places that you had to replace them and she isn't due any refund. Still get your stuff back though because it belongs to you weather you replace it or not...

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AuntieElle Posted 26 Jul 2007 , 2:13pm
post #13 of 19

I guess people assume that we have droves of equipment. . .Maybe some of us do which is still not the point. . .I agree that I would keep her deposit and offer her a discount on her next order and also remind her to read her contracts carefully! She said she didn't know but it was clearly stated. That's my .02.

Elle

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Julisa Posted 26 Jul 2007 , 2:24pm
post #14 of 19

I don't know what the law is in Ohio, but in Texas if you have proof (which you do, the contract) and she stops payment on the check you can file theft of services.

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jen1977 Posted 26 Jul 2007 , 4:23pm
post #15 of 19

Thanks everyone. I was on my way out to go cash it and go to Sam's and get more pillars, etc, and she had left the stuff on the front stoop. I'm not sure why she didn't ring the bell so I could just give her the check back. I emailed her and told her thanks and the check would go out to her today. After she dropped off the checks a couple of weeks ago, I realized that I should have cashed it instead of holding it. Oh well, live and learn! I know next time, and I got my stuff back this time! Thanks everyone!

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OhMyGoodies Posted 26 Jul 2007 , 4:24pm
post #16 of 19

Glad you got your stuff back! icon_smile.gif and yes remember for next time whenever they give the deposit check cash it at the same time as the payment check icon_wink.gif

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christeena Posted 26 Jul 2007 , 6:18pm
post #17 of 19

After reading this thread, I am adding some items to my wedding contracts!! Thanks for the learning experince!!

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cambo Posted 26 Jul 2007 , 11:13pm
post #18 of 19

This is a hard lesson to learn.....Lord knows I learned it the hard way, hence the new verbiage on my contract! I'm glad all worked out for you! Also, having worked for a corporate attorney for a long time, they MUST sign the contract to make it binding (at least in Ohio)....or sign some sort of "agreement" describing what items are to be returned when and what happens if they're not returned timely, in bad condition or at all. A receipt given to them is disputable and not binding. If verbiage is on the receipt to that effect, just have them sign/date it. I also require payment of deposits in advance and they're only refundable when the deadline is met and items are returned in satisfactory condition. When they're returned, I just write them back a check!

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cupcake Posted 29 Jul 2007 , 10:08pm
post #19 of 19

When I have an item that requires a deposit, I have the customer give me cash. I put that in an envelope and keep it with the order. This of course does not include the cake deposit which I put in the bank. If the customer brings everything back in clean good shape I give them the envelope, if not, its mine in cash. I then don't have to worry about waiting for the item and then depositing a check and hoping it clears.

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