Breach of Contract

[angryclient79]

What is the name of your state (only U.S. law)? Delaware

I hired a photographer for my wedding about 1.5 years ago. According to the contract, this individual was to provide us with the wedding album by our 1 year anniversary. It's been 13 months since our wedding and we have not received the album. I last heard from her back in late Jan/2013 when she said that she'd get back to me in 4-6 weeks with a design of the album. I've tried to contact her numerous times since then but to no avail.

I recently mailed her a certified demand letter stating that I'd like $1000 of the total payment made returned (the difference in cost between her basic package and the package that includes the album) by a certain date or that I'd sue in small claims court. According to the USPS, no one has been home and so, they left a notice for her.

Assuming that she doesn't respond by the date specified in the letter, can I still sue her or do I have to physically find her first? If the latter, can I recover any cost spent on a private investigator from her through small claims court?

Thanks.

 

[Antigone*]

What is the name of your state (only U.S. law)? Delaware

I hired a photographer for my wedding about 1.5 years ago. According to the contract, this individual was to provide us with the wedding album by our 1 year anniversary. It's been 13 months since our wedding and we have not received the album. I last heard from her back in late Jan/2013 when she said that she'd get back to me in 4-6 weeks with a design of the album. I've tried to contact her numerous times since then but to no avail.

I recently mailed her a certified demand letter stating that I'd like $1000 of the total payment made returned (the difference in cost between her basic package and the package that includes the album) by a certain date or that I'd sue in small claims court. According to the USPS, no one has been home and so, they left a notice for her.

Assuming that she doesn't respond by the date specified in the letter, can I still sue her or do I have to physically find her first? If the latter, can I recover any cost spent on a private investigator from her through small claims court?

Thanks.

You can sue her for the cost of the services that were not provided. You do have to find her because you have to serve her. It should not be difficult to find her especially in her line of work.