Can I take a tattoo artist to court for withholding my money without receiving a service.

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Can I take a tattoo artist to court for withholding my money without receiving a service.

They had me pay up front not a non refundable
deposit nowhere did it state it was non
refundable.
I left after waiting 3 hours to go to work and
they wouldn’t give me my money back.

Can I take him to small claims court

Asked on May 14, 2019 under Business Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot, because you voluntarily chose to pay a deposit. Whether or not it was stated to be non-refundable, when the client walks out on the service--even if the client had seemingly good reasons to do so--the business is allowed to keep the deposit; you would only get the deposit if the business refused to serve you or cancelled on you, but that is not what you write. You write that you left to go to work; since you left, they may keep the deposit.


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