Thinking of taking photographer to small claims

posted 3 years ago in Photos/Videos
Post # 3
Member
920 posts
Busy bee
  • Wedding: June 2015

do you have a lawyer or lawyer friend?? at least you could have them contact her to show how serious this is, and get the ball rolling from there. 

Post # 4
Member
474 posts
Helper bee

Do you have the emails you two have exchanged where she says she’ll deliver it in 4-6 weeks?

Post # 5
Member
576 posts
Busy bee
  • Wedding: May 2015

Do you know her studio location? i.e. can you go there in person and demand an answer?

Post # 6
Member
477 posts
Helper bee
  • Wedding: July 2013

@waitingbride:  

When it hits the 6 month mark, send the photographer a Certified letter (and keep a copy for yourself).  She’ll actually have to sign for it, so she will not have the excuse to say she never received it.

I’m no lawyer, but in the letter you could…

  • Courteously remind her of the terms of the contract and what was promised in your package,
  • Mention that 6 months is beyond a reasonable amount of time to wait for your products, and
  • State that if in 30 days you do not receive your items or your money back, you will be forced to pursue legal action.

Post # 7
Member
1259 posts
Bumble bee
  • Wedding: March 2014

@sarahuccs:  +1

 

Definately do this. This will give her a warning and you can document it. It may also help get your pics and avoid court altogether.

 

Post # 8
Member
474 posts
Helper bee

@sarahuccs:  +1 for this

 

@waitingbride:  The law often looks for what a reasonable person would expect to receive their photos within that time span of. Since we’ve concluded 6 months is the tops of what a reasonable person would expect, anything after that you can start proceeding with action. 

Post # 9
Member
941 posts
Busy bee
  • Wedding: April 2015

@sarahuccs:  This!! I am a lawyer and this is exactly how I would start handling “official” action against her before hiring a lawyer or filing in small claims court. I’m concerned that your pictures may be gone. I sincerely hope that is not the case, but a refusal to respond for 3 months is worrisome. Good luck and let us know what happens!

Post # 11
Member
1634 posts
Bumble bee

@waitingbride:  I think thats a great plan, but I would continue trying to contact her in the meantime. (while you wait until the 6 month mark to send a registered letter.) That way you can’t get the “I sent them to you months ago I didnt realize you hadnt received them” or some other BS.

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