Would You Have Stopped Payment? (Vent)
Decorating By tonicake Updated 10 Aug 2011 , 12:16am by flourjuice
You guys, she is not even responding anymore, I guess she does not want to be bothered anymore, and left it alone Hmmmm, Oh well.
STAND UP FOR YOURSELF! Take her to small claims....she'll answer then! Make sure you have all your documentation and go get your money!
You guys, she is not even responding anymore, I guess she does not want to be bothered anymore, and left it alone Hmmmm, Oh well.
STAND UP FOR YOURSELF! Take her to small claims....she'll answer then! Make sure you have all your documentation and go get your money!
I meant the OP stopped responding to us, I am not the OP. I guess she does not want to be bothered, with the MOB.
Just another point on the OP's side for a claim....isn't it a felony to tamper with someone's mailbox? Legally, I don't think you are allowed to put anything in, or take anything out of someone else's mailbox unless you are a postal employee....here - I found this....(woops - edited to say I meant crime, not felony - lol) At any rate - she could pay you what that cake was worth instead of spending the $ on a postal fine??
18 U.S.C. 1725 states:
"Whoever knowingly and willfully deposits any mailable matter such as
statements of accounts, circulars, sale bills, or other like matter,
on which no postage has been paid, in any letter box established,
approved, or accepted by the Postal Service for the receipt or
delivery of mail matter on any mail route with intent to avoid payment
of lawful postage thereon, shall for each such offense be fined under
this title"
"TITLE 18 > PART I > CHAPTER 83 > Sec. 1725"
Legal Information Institute
http://answers.google.com/answers/threadview?id=288629
It appears that violation of this provision is an infraction, carrying
a fine of not more than $5,000 for an individual, or not more than
$10,000 for an organization.
"TITLE 18 > PART II > CHAPTER 227 > SUBCHAPTER A > Sec. 3559"
[defining "infraction" in subsection (a)(9)]
Legal Information Institute
http://www4.law.cornell.edu/uscode/18/3559.html
"TITLE 18 > PART II > CHAPTER 227 > SUBCHAPTER C > Sec. 3571"
[establishing fines for an infraction in subsections (b)(7) and (c)(7)]
Legal Information Institute
http://www4.law.cornell.edu/uscode/18/3571.html
See also:
"Domestic Mail Manual - D041 Customer Mail Receptacles" [especially section 1.3]
United States Postal Service
http://pe.usps.gov/cpim/ftp/manuals/dmm/D041.pdf
This is why I require full payment 2 weeks prior to the wedding. Time to deposit and let clear. What a terrible lesson to learn.
BTW Your cake is beautiful!!!!!!!!!!!
I think the OP may have "moved on" but I really don't think she will find sanity (read: peace) until she pursues this lady for payment.
Can you imagine the countless sleepless nights as she replays this incident over and over?? Once she sues this lady and gets her money....well, that's how the spine grows stronger. She'll even walk taller afterwards.
I think the OP may have "moved on" but I really don't think she will find sanity (read: peace) until she pursues this lady for payment.
Can you imagine the countless sleepless nights as she replays this incident over and over?? Once she sues this lady and gets her money....well, that's how the spine grows stronger. She'll even walk taller afterwards.
I agree with you, one of the reason's I stop doing certified family childcare, in my home, too many people left owing me money, and even though, I let it go when I see them or pass by their homes, I get angry, because they owed me money, and didn't pay and at the present time I am in need of the $, and it has been at least 11/2 years ago.
I don't deposit checks, I cash them at their bank...same day if possible. Too many people over spend on parties and then have big regrets the next day that have nothing to do with your service. However, as many have mentioned, poor budgeting doesn't make it legal!
I don't deposit checks, I cash them at their bank...same day if possible. Too many people over spend on parties and then have big regrets the next day that have nothing to do with your service. However, as many have mentioned, poor budgeting doesn't make it legal!
I don't have time to stand in line at banks, whew...no thanks! Into the Bank of America ATM they go. But I would never accept a check past 2 weeks before their event.
Not every bank. We bank with Bank of America and I can stop payment on a check right through their automated line....you don't even speak to a person. I'll bet that's exactly how she did it.[/quote]
yep! and the cake looks nice to me.
From being on this site, you all have really opened my eyes to how silly people are! I really would never imagine that people like to play games like this about a cake that they know they couldn't afford in the first place. this is so silly! i can tell I'm gonna have many-an-interesting-day when I begin caking seriously. Lawd give me the strength to not flip out on people about my $$ [/quote]
AMEN!
WOW!! This is a crazy situation!! That cake was beautiful!!! I can't believe the nerve of some people!!! I really hope you get your money!!!!!
I read the first few pages and I too think the cake is beautiful. If it were me I would hound this woman in and out of court until I got my fee and interest..but I wonder if some of the OP's hesitation to go further could be due to "licensing" issues.
I am certainly not saying that she is not licensed BUT if she is not a leagal business.....it might not be in the op's best interst to persue this.
Your cake was beautiful. And, as said many times above, final payment is due long before the wedding day! If they want their cake badly enough they will agree to this in your contract. You should definitely contact the local DA's office or a lawyer, this woman may do this to everyone. What does the bride think about all of this? Have you contacted her or the groom with the situation? They may not have a clue what mommy is up to.
Geez. What a mess and I rarely ever say anything so harsh but...
By caving in and rolling over on this, you are showing your children that it is okay to cave in to crime and there is no reason to stand up for what is right. Quite simply, you really don't fully respect yourself or your cake business because you won't stand up for either. That is just a horrible shame and a horrible example to your family.
Really, it's NOT that hard or that troublesome to give the info to your lawyer and take her to court.
Stand up for yourself. Get a backbone or else that cruel world out there will make your cake business suffer because you won't stand up for it.
its sad this happened but take this as a learning experience and chalk it up for next time to take precautions to avoid this situation..make sure they sign a contract and let them know if they dont pay there cake in full two weeks or one week before you cannot deliver their cake..in my experience lately i have found that the ones who are difficult to begin with never seem to cave..they stay difficult through the whole process..i have learned to just stay firm and stick with what i said in the beginning regardless of their attitude..it reminds them that "you do not work for them"..you are providing a service for them and there is a difference!
Gosh, I spent the last hour reading this....what a horribly disappointing ending! Not only to realize someone this heinous got away with such a bold crime but that this was over a year ago!! LOL
I kept hoping things would change with the next page I clicked on. *sigh*
A 3 tier hexagon cake w/fondant work and two dozen specialty cupcakes, all for $100. Aya.
OP, I hope you've gotten stronger in this last year to deal with the business side of things. You won't have much sanity left if you continue at this rate.
I don't understand why it's 'ok' to be a doormat, and lie down and permit someone to steal from you. I agree with those who said the OP needs to develop a backbone, and do what is RIGHT here.
Holy cr@p! I'm reading this post thread and taking notes! I'm a legal eagle by trade but I'm still amazed at what people do! I'm changing my contracts ASAP!
Kinda off topic, I was just wondering about the cake itself. Are those real calla lilies in the cake? Aren't those poisonous?? Did the florist put those in there or did the baker? I've heard that live calla lilies shouldn't be near food and was just thinking that something addressing this should be part of a contract, especially when filling orders for undecorated cakes.
Kinda off topic, I was just wondering about the cake itself. Are those real calla lilies in the cake? Aren't those poisonous?? Did the florist put those in there or did the baker? I've heard that live calla lilies shouldn't be near food and was just thinking that something addressing this should be part of a contract, especially when filling orders for undecorated cakes.
You are correct... http://en.wikipedia.org/wiki/Zantedeschia
You know how you feel when you read a book and hate the ending, and then you're ticked that you even took the time to read it. Especially when you get that feeling that it sucks and you should just stop, but you keep turning the page hoping for that magic moment..that's how I feel about this post! What a let down at the end!
WOW..I just think it would be nice to think that the MOB ate a nice big piece of the cake exactly where the cally lily was shoved in the cake.
after reading , i was disipointed. but the Op is a person who does not like confrontation. And the woman who defrauded her is a bully and uses intimidation to get her way. Sweetheart, its time to take back which is yours!!!
Gather your evidence, go down to small clams court and get what is owed. Dont let that bully intimidate you. you are going to go through it again, sooner and later. so might as well to start now.
i would file a small claim. it may take awhile but she will have to pay.
the cake is beautiful. i would also get a bill out right away on the cupcakes and file on that too as im sure she wont pay.
I just read this entire thread...not until page 11 did I see how old it was....I imagine I would be a wuss about the situation too...my husband on the other hand would have taken her to court
I just checked her blog and she seem to be doing well http://tonicake.blogspot.com/p/wedding-grooms-wedding-showers-too.html
Funny..that she has this cake listed under her wedding cakes...with the comment of (a favorite of many)...that made me smile a bit
I know its an old thread but dang!!! I say Fraud!
They can't do that. Services where rendered and the cake
was perfect!
One thing I will say..never do a cake if it's not paid 2 weeks in advance!
Edna
It sounds like she had the money to begin with & she should have discussed that with you.
I get all my payments via paypal in advance. And I have it to where they can not send an E-check. And I let them know that if they decide to cancel the order they will be charged a service fee. I don't accept checks from anyone.
I cannot believe that! Your cake is gorgeous. I tell my brides that all payments must be received 2 weeks prior to the wedding. No exception. I hope you get your $$$$. You deserve it.
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