I have recently fallen into a situation where my chronic lying may result in some legal action. I was asked to create a wedding dress for a friend of a friend at no charge. There was no contract written or any documents made. We met once and did a drawing of what she wanted. As the date got closer and the dress was completed I had a mental break down and checked myself into a mental health retreat and rehab. Unfortunately I was unable to provide the wedding couple with their dress and am now being sued for an amount that seems to me as being extremely high. The couple had to buy a dress and spend one day searching for it. The dress cost less than a thousand dollars. Now supposedly the money that was spent on that dress put the couple in the negative in their bank account. I’ve offered to compensate them for the dress as well as the over draft charges and fees. Upon talking to the couple the husband has informed me that he expects and excess of ten to fifteen thousand dollars. Claiming that the emotional distress of the situation is worth over ten grand due to the stress and the commotion caused by having to spend a day with their family locating a dress. Am I wrong here or does that figure seem extremely high? We had originally agreed to settle this between the two of us but I am now considering bringing a lawyer into the scenario. And on a side note the husband has been job less for over a year and the wife both attends school and works full time. I feel as if he is trying to use this situation to compensate for wages lost by not being employed for such a long time… any advice anyone can give me will be greatly appreciated since I am not a lawyer or all that familiar with the legal system. Thank you

I believe their claim of $10,000 for emotional pain, etc is worse than exaggerated - it's outrageous. If they take you to court and tell the judge they want that amount of money for their emotional compensation I truly think the judge will not give it to them. Seeing as they paid you nothing I don't feel they have a case for this type of compensation. Even the price of the dress should not be reimbursed by you. What are these people? Freeloaders? Sounds like it. He wants to get rich off you. Nothing more.

Whatever SHE sues for - I don't see HIM being part of this action as you had no agreement/oral contract (which, by the way, is what you had) with HIM. SHE has to prove her damages and no way is she going to prove just how much an hour her family aggravates her.

I would say she is certainly entitled to the difference between what she would have paid you and what she did have to pay for the dress (she obviously knew she would have to spend something) and perhaps something small for inconvenience - but unless the dress ruined the wedding I don't see the monetary claim for "inconvenience" being successful.

When did you advise HER that you would be unable to complete the dress?

Did the couple actually pay you for your services? If so, have you returned the money? Why wasn't your friend, who referred you to the bride, able to pick up the dress and deliver it when you were unable to do so?

Like Judy asked, how much notice did the bride receive that you would be unable to finish the dress?

Also, I don't see how you could possibly be held liable for overdraft charges. The couple knew they had X amount of dollars in the bank and spent more than they had - that's no one's fault but their own.

I wouldn't worry about hiring an attorney unless they actually file in court. If they're trying to sue you for $10,000 due to stress, I can all but guarantee that the judge is going to laugh them out of the courtroom.

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We met once and did a drawing of what she wanted. As the date got closer and the dress was completed I had a mental break down and checked myself into a mental health retreat and rehab. Unfortunately I was unable to provide the wedding couple with their dress

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(emphasis mine)

So, you say you completed the dress but did not deliver it? Somehow that doesn't make sense, couldn't someone delver it for you? You had to know that the bride was counting on you big time.

The whole story seems fishy to me, it sounds more likely that you NEVER made or finished the dress to begin with. Otherwise, why would you add that little tidbit about your chronic lying into the mix?

From what you describe, you had an oral contract (which holds up in court) and a "meeting of the minds', which makes you responsible for delivery of the product. If you can't deliver, you owe for them having to find another dress. The lawsuit for stress, not likely. Especially THAT much... perhaps a smaller amount.

This would be a Supreme Court issue (if the suit really is as much as the OP says), not Small Claims... right?

Another thing that comes to mind is, the OP says the dress was complete, so why didn't the bride or groom just go over to her house and pick it up? Makes more sene than going out and buying one when you've got one drawn to your specifications for free just waiting for you!

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Originally Posted by passmeby

(emphasis mine)

So, you say you completed the dress but did not deliver it? Somehow that doesn't make sense, couldn't someone delver it for you? You had to know that the bride was counting on you big time.

The whole story seems fishy to me, it sounds more likely that you NEVER made or finished the dress to begin with. Otherwise, why would you add that little tidbit about your chronic lying into the mix?

from what you describe, you had an oral contract (which holds up in court) and a "meeting of the minds', which makes you responsible for delivery of the product. If you can;t deliver, you owe for them having to find another dress. The lawsuit for stress, not likely. Especially THAT much... perhaps a smaller amount.

This would be a Supreme Court issue (if the suit really is as much as the OP says), not Small Claims...right??

Another thing that comes to mind is, the OP says the dress was complete, so why didn;t the bride or groom just go over to her house and pick it up? Makes more sene than going out and buying one when you've got one drawn to your specifications for free just waiting for you!!

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The Small Claims Court limit is $10,000 - and $15,000 - in several States. I have no idea where the OP resides. So, no, it wouldn't have to go to a superior Court.

The fact that the dress was complete doesn't mean it was fitted and ready to wear.

Otherwise - I see no reason not to believe the OP or to cross examine her.

No problem. Feel free to ask any time you don't know how the board operates.

As far as word meanings, I'll leave it up to anyone who is interested to look up the meaning of the word "several."

Another tip - use spell check.

And a second one - stop contacting me by PM. If you can't say it on the Board, don't write it.

You can't have a valid oral contract without a meeting of the minds so your statement is redundant and incorrect: "you had an oral contract (which holds up in court) and a "meeting of the minds'... "

Sometimes oral contracts can be thrown out of court if there is NO meeting of the minds. That is why I said that there was (according to the OP) an oral contract, and the drawing up of the dress which the bride liked constittutes a meeting of the mind. NOT redundant and NOT incorrect. What my point was that, there is no way out of this situation. She owes for the dress.

There are only 7 out of 50 states that have a limit of $10,000 or more in Small Claims, so the odds are not in her favor!

Sorry about my spelling, but my keyboard is not functioning properly. I never use it anyway!

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Originally Posted by passmeby

Sometimes oral contracts can be thrown out of court if there is NO meeting of the minds. That is why I said that there was (according to the OP) an oral contract, and the drawing up of the dress which the bride liked constittutes a meeting of the mind. NOT redundant and NOT incorrect. What my point was that, there is no way out of this situation. She owes for the dress.

There are only 7 out of 50 states that have a limit of $10,000 or more in Small Claims, so the odds are not in her favor!!

Sorry about my spelling, but my keyboard is not functioning properly. I never use it anyway!!

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Again - there IS NO CONTRACT if there is NO MEETING OF THE MINDS.

Saying there is an oral contract which will be thrown out of Court is a lot like being a little bit pregnant - there either IS an oral contract or there is NOT. You either ARE pregnant or you are NOT.

You are also incorrect that the dressmaker owes for "the dress" under contract law if you are referring to the eventual wedding gown. She does NOT owe the bride the cost of the bride's final gown. She DOES need to refund what the bride has already paid her. The fact that the dressmaker did not deliver does NOT entitled the bride to purchase a dress valued at, say, ten thousand dollars when she originally planned to spend $100.