Anonymous wrote:Op, how are you going to take her to small claims if you didn't sign the contract??? I would tell her that she needs to refund the money or you will start bad mouthing her on review sites.
They don't have a written contract, but by accepting the initial payment they do have an oral agreement. With an oral agreement you can't nit-pick on details, but a judge certainly can consider that there was some expectation of work and that the OP is due some reimbursement for services unfulfilled unless the contractor can show definitively that she spent the money on actual work for the client. In this case, OP is not requesting a full reimbursement, but only reimbursement of unused retainer funds which is a reasonable request and judges normally do award partial reimbursement judgments in cases like these.