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bootyhunta

TRIBE Promoter
A couple of weeks ago I was having some drinks and food with some friends at Montana's.

One of my friends ends up leaving her wallet there and went back the next morning to see if they had found it. The restaurant did have it, unfortunately it was $80 lighter but at least she got it back. The manager informed her that he will have to take her credit card number to charge for the bill that he claims we didn't pay. We absolutely did pay it.

Luckily before she had cancelled her credit card before going to the restaurant, so they weren't able to ring the charge through. They called her back to inform her that they weren't able to ring the charge through and that she would have to provide another credit card or come in a pay. She refused to do either considering we already pain once and now they are threatening legal action if she doesn't take care of this.

My question for anyone who might know is... Is there anything legally the restaurant can do? It's basically a case of he said/she said, but we did pay for it. If our intention was to dine and dash, it's unlikely my friend would've gone back to the scene of the crime to retrieve the wallet. The restaurant is claiming we were all too drunk to really remember if we actually paid the bill, but only the friend that lost the wallet was drunk (big suprise there :rolleyes:).

Anyone ever been in a situation like this before?
 

quantumize

TRIBE Member
they might threaten legal recourse, however, I would call them on this bluff. The retainer for good counsel will be more then the bill probably [unless u guys are REAL ballers] and besides the server who was @ your table is going to be responsible for a dine and dash so they will probably take it out of his/her tips

legal recourse not likely, i'd call them on this bluff, then its a case of he said she said
 

joey

TRIBE Member
i really doubt that they would actually go through the effort and costs of seeking legal action unless the bill was $500++. But, in the case that the bill wasnt paid the server is going to be paying it out of their pocket. In that case, karma is a bitch..
 

Spinsah

TRIBE Member
How was the bill payed?

Cash? Because obviously if it wasn't there will be a paper trail.
 

dyad

TRIBE Member
hmmm did you pay the bill in cash? chances are whoever grabbed the money in the wallet took the money on the table for the bill as well.

ive always worried about that happening, always try to catch the server's eye before i go so they know its there.

i have no idea who the law favours in this situation
 
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The Kid

TRIBE Member
That sucks, who paid the bill and how was it paid? Cash? Is it the waiter/waitress saying you didn't pay or the owner/manager?

Shitty buzz...
 

deep

TRIBE Member
dyad said:
hmmm did you pay the bill in cash? chances are whoever grabbed the money in the wallet took the money on the table for the bill as well.
this seems like a sensible explanation. if it was a patron then it's gone. if it was whoever served you that picked up the wallet, they could take the $80, the cash for the meal, and say you dined and dashed. at worst they'd have to give back the cash already left for the meal, at best they could walk away with it with the manager unwittingly getting it again from the customers.
 

Ditto Much

TRIBE Member
First call the creidt card company, tell them that the manager of the restaurant claims to have found the cards and you picked them up. Then say but all my cards were in a different order could you check if they tried running anything through on my card.

Why yes they did, today as a matter of fact.

Well thats a fraudulant charge I think you should call them.

Call the manager back an hour later, be clear that any attemptsd to charge you will be considered fraudulant and hang up.
 

bootyhunta

TRIBE Promoter
The bill was $150, paid in cash.

We actually waited around for a while before taking off. We had gotten crappy service all night, so we didn't feel like waiting around any longer. I'm sure someone probably grabbed that money.

I'm thinking they are just bluffing about the legal action, considering the bill was only $150, but wanted to see if anyone else had been through something like this.
 
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litespeed

Well-Known TRIBEr
it costs something like 350-300 to take some to small claims court(i think)... not to mention the actual cost to them for that meal was probably like $40.


don't worry about it... wait for your new card and go on with your life,.. but be sure to tell the manager that he's a dick first.
 

bootyhunta

TRIBE Promoter
ev said:
it costs something like 350-300 to take some to small claims court(i think)... not to mention the actual cost to them for that meal was probably like $40.


don't worry about it... wait for your new card and go on with your life,.. but be sure to tell the manager that he's a dick first.


Done and done!
 
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preacherman

TRIBE Member
must have been a slow night fro them to recognize one of their patrons. As a former restaurant manager - the waitstaff is responsible to collect for service - you had mentioned the service was poor - not paying attention to your paying customers is poor service - had they been paying attention they would have placed the check on the table; casually walk away but, be observant so that they can process your payment right away - I bet they had a walk out last night and they are looking to hold someone accountable. I would consider calling their head office and report their poor service and the manager in question
 

Skipper

TRIBE Member
Definitely call the head office.

Restaurants, especially chains, are not unfamilliar with the fact that cash left for the bill sometimes gets stolen before it makes it to the server. I'd wonder if it was the server, actually.
 

bootyhunta

TRIBE Promoter
Skipper said:
I'd wonder if it was the server, actually.
We are all thinking the same thing... the manager said that the server is the one that actually found the wallet, which was weird considering there was money missing.
 
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quantumize

TRIBE Member
get the wallet, get teh new card and dont give this anymore thought than u already have. they arent pursuing legal action. fuck em.

the money is gone for good, but the wallet is back which is the bright side

EDIT : LOL'ing at the molotov cocktail
 

djdeposit

TRIBE Member
if your friend got all her ID back she should be happy
if it wasn't too long ago and you really did pay in cash, I would request video survalance tapes, provided the diner has them.
 

joey

TRIBE Member
well if it is Montana (john and richmond) they arent involved with any of the chains. it could be owned by someone who owns other restaurants but im guessing that they dont have a head office.
 

djglobalkiller

TRIBE Promoter
well working as a restaurant maager at the largest restaurant company in canada, and one of the top 50 managed businesses in canada i can say this, i work in a university town

we get this all the time

if the bill was ettled cahs, then it is up to the server or management to make up the difference if there is a discrepancy. It is up to the server, and manager to make sure that the bill is properly paid for, this should have been taken care of, the moment of the transaction. If they are using a P.O.S system like squirrel, or maitre d, then the cash transaction should have been sttle off to cash, and it is the servers responsibility to make up the diff if they settled wrong. Altho when a manager collects his cashout froma sevrer at the end of the night, it is up to them to count it and make sure that it matches. This seems to have been overlooked if paid by cash or debit etc etc. If a credit card was used they will have a paper trail. If it was settle cash, they most likely will not. Most servers dont claim cash tips/settlements because it gets reportted on tax returns, and they will have to claim more. This whole problem seems fishy, and this is from a coroporate manager, from a corporate restaurant and a flagship sotre for the chain

pm me if you have more q's, as i can provide more info for you


i hate seeeing guests get ripped by shitty restuarants!!!!




gk
 

Jeffsus

TRIBE Member
This story has kind of reminded me of a bunch of shit I absolutely hate.

I hate tipping, I hate paying in cash, I hate not getting receipts, I hate the whole concept of waiting for the stupid fucking waiter to pay the pill, and I especially hate the concept of the REASON you wait for the bill is because stupid waiter is expecting to keep whats left of the change.

It has been a long long time since I've had to 'wait for the waiter/waitress' and I remember always hating that, because they are generally slow-as-fucks, especially at plastic restaurants like Montanas and shit. No offence, but why do so many people flock to places like that; corporate chain cook-by-numbers high on flash low on character shit holes? That'll learn ya.

Also, don't pay. Your pimply faced bastard prick of a jerk off teenage waiter stole your cash and your bill.

-jM
A&D
 
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