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Would you have stopped payment? (vent) - Page 8  

post #106 of 177
10/6/09 at 5:25am
Just the threat of taking her to small claims court may be enough to get her to move. I would not let her get away with this, if I were you. You don't have to have a lawyer for small claims, you take the evidence in and present it yourself.

Talk to the Police Officers you know and get their input - good luck.
Knowledge is a candle that when shared, doubles the light, but the insecure person believes knowledge is a candle that is diminished when it is split between two wicks.
Knowledge is a candle that when shared, doubles the light, but the insecure person believes knowledge is a candle that is diminished when it is split between two wicks.
post #107 of 177
10/6/09 at 4:01pm
Thread Starter 
Something I haven't even thought of until today is I have done a great deal of business with her daughter in law. I've had no problems her and I hope she doesn't disappear because of her crazy MIL.

Just another thing to bring me down.

Gosh, I don't like mean people! Why do they even exist? They should all be exiled!

Sorry, still venting. I'll probably will feel better after I conquer the next wedding cake and they love it. She is the first to be a hater. I just don't understand what her problem is! icon_confused.gif
CAKE - Does the body good!

"Without God, democracy will not and cannot long endure."
"Within the covers of the Bible are the answers for all the problems men face." Ronald Reagan
CAKE - Does the body good!

"Without God, democracy will not and cannot long endure."
"Within the covers of the Bible are the answers for all the problems men face." Ronald Reagan
post #108 of 177
10/6/09 at 5:30pm
Could you not ask the daughter in law what was the matter? Don't let this MOB get off so lightly, she stole from you. This is business nothing else
regards from Shanghai, China
Ursula
http://www.flickr.com/photos/shanghai-schroeder/
regards from Shanghai, China
Ursula
http://www.flickr.com/photos/shanghai-schroeder/
post #109 of 177
10/6/09 at 5:33pm
Quote:
Originally Posted by Ursula40

Could you not ask the daughter in law what was the matter? Don't let this MOB get off so lightly, she stole from you. This is business nothing else



I don't know if I would drag the daughter in law into it. The problem is between the OP and the MOB since I assume the MOB was who the contract was with. It seems sort of unprofessional to bring others into it, especially if she's concerned about losing their business.
post #110 of 177
10/6/09 at 5:35pm
if the daughter in law is a good client, I wouldn't drag her into it.

I had a bride who gave me a bounced check. Her mom worked with hubby but we NEVER mentioned this issue to mom. It was between me and the bride ... mom had nothing to do with it. You just don't go throwing your clients business out there for everyone else to know about. If DIL brings it up to you, that's different. But I would not bring it up to DIL.

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post #111 of 177
10/6/09 at 5:55pm
Totally agree....although tempting.

Tonicake, was the contract with the bride or the mother?

If it was the bride (her signature on the contract) then I'd definitely contact her and ask why her mother put a "stop payment" on your check.
post #112 of 177
10/6/09 at 5:59pm
I agree with what others have said. Just the mention that you are going to take her to court, she will probably pay up. DO NOT LET THIS WOMAN WIN! Do not take this from her - she needs to know that what she did was wrong. If you saw her stealing jewellery from the store, wouldn't you call the police? I think this is the same thing - she is stealing the beautiful cake you made!

Jen
Jen
Jen
post #113 of 177
10/6/09 at 6:48pm
If it was the bride's signature, don't you have to take her to court? The contract would have been between the OP and the bride, not the mother, or was the mother named (and signed) for the payment of the cake? If the bride signed, then the bride has to pay
regards from Shanghai, China
Ursula
http://www.flickr.com/photos/shanghai-schroeder/
regards from Shanghai, China
Ursula
http://www.flickr.com/photos/shanghai-schroeder/
post #114 of 177
10/6/09 at 8:10pm
The check itself is considered a signed contract. That is the person who has committed the crime.
Believe in yourself so that you can be the best.
Believe in yourself so that you can be the best.
post #115 of 177
10/7/09 at 6:47am
Quote:
Originally Posted by dldbrou

The check itself is considered a signed contract. That is the person who has committed the crime.



Right dldbrou, the MOB committed the crime and defaulted on her signed contract with the check but like the others were saying if the Bride signed the original cake contract then the OP may still be able to hold her accountable for non-payment of her cake contract.
Live simply. Love generously. Care deeply. Speak kindly. Leave the rest to God.
Live simply. Love generously. Care deeply. Speak kindly. Leave the rest to God.
post #116 of 177
10/7/09 at 7:05am
Yes, whoever signed the contract is liable for payment of the cake.

The check is still a signed contract also. This is your proof for small claims court along with the cake contract.

You have a finished picture that the product that was produced and delivered with and accepted by way of the check.

Take all of your documentations with you to your lawyer or small claims court.

Document the entire episode while it is still fresh and bring any witness that you have. Did someone help you deliver the cake? Was someone in the room when the order was placed? Emails or text messages are also helpful in court.

I would not contact her anymore, just let the lawyer do their work or file with small claims and they will notify her.
Believe in yourself so that you can be the best.
Believe in yourself so that you can be the best.
post #117 of 177
10/7/09 at 8:22pm
Quote:
Originally Posted by tonicake



Gosh, I don't like mean people!



OK, that's it. GET A BACKBONE. NOW. This is a BUSINESS, not a touchy feely butterflies and rainbows charity! Get a contract! Make them pay you two weeks before! CASH the check at their bank that day. Don't give them stuff for free. If they request stuff at the last minute, don't make it until they pay you!

I am so frustrated right now with this. You aren't being nice, you're being a doormat, and it was all preventable and really your fault. People will take advantage of you and walk over you if you let them. DON'T LET THEM!!!!!!
post #118 of 177
10/7/09 at 10:07pm
Quote:
Originally Posted by indydebi

Quote:
Quote:

Quote:
Quote:

I don't like the cake but it is certainly nowhere near a disaster! It's just not my 'style'.


Given that the OP was already a little unsure about the quality of her cake, I don't know if "I don't like it" was really a helpful phrase to use. It could easily have been left off the post. ...... Plus, I find both Mensch's taglines a little offensive.


Are folks being critical of this comment simply because of who it was said by? I say that because I've said the very same thing about a cake, such as "I don't care for the design because it's just not my in my taste or style but the work is exquisite and shows a great level of talent and skill." and no one suggested my comment was out of line.

If someone who didn't like my style of cake told me they thought they cake looked nice (i.e. "nowhere near a disaster") I would take that as a higher compliment than from someone who DID like the style! I think it says a lot about the quality of workmanship when someone who doesn't like that kind of cake can see PAST all of that and note how well the cake was made.

Can some folks on here see PAST who made the comment and see the compliment IN the comment? icon_confused.gif




AMEN!!!!!!
Judi
I'll procrastinate when I get around to it...
Judi
I'll procrastinate when I get around to it...
post #119 of 177
10/8/09 at 12:41pm
I don't have a business or anything but I have some more dealing with people advice.....

Maybe a better way of looking at it is.......If you hate mean people and this lady is being mean to you........then why would you want to give her stuff for free???? If you do nothing to get what you rightfully deserve out of her......then you are bascially saying to her.........."Thanks for being mean to me........here's some free sh*t to show my appreciation! I hope you enjoy it!!!!"

I too have had issues with dealing with mean/rude/pushy people in life (not in cake business seeings how i'm a newbie icon_smile.gif..........however one day I just realized.........if they scare me into letting them do what they want......then I'm doing a favor for someone that I hate and is mean to me........huh!?!?!?! icon_confused.gif that makes no sense.......and then i realized that I have the power to prevent them from getting their way....

TAKE THE POWER BY THE HORNS!!!!!!! thumbs_up.gif

I have faith in you!!! and watch Judge Judy!!!!! You can see that this kind of stuff happens all the time and the person who is in the wrong ends up being made to look like a complete moron!!! It's great......I wish that could happen to the MOB!!!

*steps off of newbie soapbox* icon_rolleyes.gif
AmandaKate

"I just want to be wonderful"
AmandaKate

"I just want to be wonderful"
post #120 of 177
10/14/09 at 2:04pm
Any updates?
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