My wife and I were married June 2009. It took nearly a year (unforeseen personal circumstances caused this) to get our 100 photos picked out to be edited and printed. So, in the summer of 2010, we sent our photographer the 100 photos. Since then, we've lost contact with her. Many emails sent with no replies. Phone calls are not returned. She is based out of Harvey I believe, unless she moved. She is still active as she updates her website. She has cashed the $1700 check long ago.
What can be done? I've watched many court shows and I don't want to get to the point of harassment where she can counter sue us and we get nothing if we are forced to take her to court.
Read your contract. Were you required to return your photos to be edited and printed within a certain time? That'll be your starting point.
If you feel comfortable there and that she still owes you the service, figure out where she is, send a demand letter to her and remind her of the contract she signed.
When she doesn't comply take her to small claims court (First City Court in Orleans) on your own. No need for a lawyer. With the contract, the cashed check and no photos it should be a pretty easy case.
And don't worry about having to rush, breach of contract claims must be filed ten years from the date of breach.
*I'm not your lawyer and this in not legal advice. My advice is to hire an attorney.
We found the contract and no where does it say we had a time limit. It did take her a little while to get them online as well. MIL will get us a copy of the check and other documents.
Read your contract. Were you required to return your photos to be edited and printed within a certain time? That'll be your starting point.
If you feel comfortable there and that she still owes you the service, figure out where she is, send a demand letter to her and remind her of the contract she signed.
When she doesn't comply take her to small claims court (First City Court in Orleans) on your own. No need for a lawyer. With the contract, the cashed check and no photos it should be a pretty easy case.
And don't worry about having to rush, breach of contract claims must be filed ten years from the date of breach.
*I'm not your lawyer and this in not legal advice. My advice is to hire an attorney.
Contracts are serious stuff. Most other stuff has a very limit time frame. That guy that accidentally broke your fence 11 months and 29 days ago ? Yeah, you better file that suit now.
The only issue I have with Sarah's advice is the part about First City Court in Orleans. With the OP in Galliano and the photographer in Harvey, would a small claims city court in Orleans have any grounds to hear this case. You will probably have to find a small claims court in Jefferson Parish (that is where Harvey is, if I remember correctly) unless the wedding was actually in the city of New Orleans.
Other than that my only other advice is the same sarahs which is the following:
*I'm not your lawyer and this in not legal advice. My advice is to hire an attorney.
The only issue I have with Sarah's advice is the part about First City Court in Orleans. With the OP in Galliano and the photographer in Harvey, would a small claims city court in Orleans have any grounds to hear this case. You will probably have to find a small claims court in Jefferson Parish (that is where Harvey is, if I remember correctly) unless the wedding was actually in the city of New Orleans.
Other than that my only other advice is the same sarahs which is the following:
*I'm not your lawyer and this in not legal advice. My advice is to hire an attorney.
I only provided the First City Court as an example, not as proper venue. I have no idea what the small claims courts in other Parishes are called. Heck, they might even use JoPs
The only issue I have with Sarah's advice is the part about First City Court in Orleans. With the OP in Galliano and the photographer in Harvey, would a small claims city court in Orleans have any grounds to hear this case. You will probably have to find a small claims court in Jefferson Parish (that is where Harvey is, if I remember correctly) unless the wedding was actually in the city of New Orleans.
Other than that my only other advice is the same sarahs which is the following:
*I'm not your lawyer and this in not legal advice. My advice is to hire an attorney.
I think that First City Court in Orleans has different divisions including a small claims division. But the regular jurisdiction is set up for counsel - its a full court. (At least it used to be that way before I moved in '05).
For the OP's venue, however, you probably need to file in the parish where the photographer lives. But if your contract was to be performed in a different parish, I think you can file there too - but I'm not sure if that applies to a personal obligation like this.
But I agree with Sarah:
- Review your contract
- Gather all of your evidence (any papers, emails, phone notes, etc.)
- Attempt to contact the photographer to send a demand letter (certified mail!!)
- Write out your full statement. Go over it, make sure it's right.
- Contact the small claims court for the claims package and ask about service on the defendant (to make sure you have all the information they're going to want)
- File
*I'm also not your lawyer but I don't usually feel the need to give these disclaimers b/c I am confident that no legitimate attorney/client relationship could ever be established by a post on a message board that doesn't include some kind of offer or acceptance of engagement of counsel. These are clearly information purposes only unless specific circumstances dictate a different result.
Do you know where this photographer physically is / lives / has their place of business now? If they've seriously vanished you may play heck getting them served....
Do you know where this photographer physically is / lives / has their place of business now? If they've seriously vanished you may play heck getting them served....
Not as hard these days, especially if the photographer is operating a business and using a website. It could be as simple as pretending to be a new customer. If that doesn't work, you can always go through the web site host to find out if charges are being billed and paid - they may tip off the person but it still may be worth it to get the info. Deal with getting them served after you get the information.
Often people just want to resolve these disputes if they know they're about to be sued. It is sometimes a good idea to draw up the lawsuit (or small claims paperwork) and send it to them, saying "this will be filed on DATE if you don't get back to me."
Getting in contact can be the most important part. There are professionals who can figure out a way to serve somebody if you know where they are.
So the update is we got in touch with her last year and submitted the rest of the information she said she needed. Still no photos and she doesn't reply to emails. We explained the situation on why we didn't get back with her and she understood and said she'd finish it for us.
I pulled out the brochure and contract. The brochure did state that the customer has 1 year to give her the photos or "she is to expect the customer doesn't want them". What kind of crap is that? Of course they'd want them if they paid $2400! The contract, however, does not state that. Do I have grounds to win a legal battle? We've had empty picture frames for 3 years. It's ridiculous.
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