A client from 2 1/2 years ago is calling me regarding an old contract

[brownday]

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

Around two years ago, I was hired to capture and edit a birthday. There was a contract made, but I cannot find it anymore. I was working for a photo studio at the time and I was around 17 years old. They put a down a non-refundable payment for photo and video. I provided her the photos, but they never got back to me about getting the completed video. The mother said she didn't want to finish paying and she didn't answer any of my calls. Today, she has started to randomly call me and say she wants the video, and has hinted at "seeing me in court." Back then, I made every effort to get the completed video in her hands and to finish payment, but she never did. What should I do?

 

[gogo589]

If you were 17 and a minor, you cannot legally enter into a contract. If you truly made efforts to contact her, and she's just NOW getting back to you, I don't think she has a chance in hell. You're not required by law to "hold" her video for 2 1/2 years when she's finally ready for it. Not sure, but I think it's only about 3 months.

 

[QSTERLING]

i would tell her that too much time has passed and the video is not available. besides you were a minor at the time! tell her that also! if she did not have any money then to pick up the video, she still has no money to take you to court. don't worry about it. she is wrong. enjoy your life.!

 

[tranquility]

A contract like this is voidable, and if the minor disaffirms within a certain amount of time after reaching majority it goes away. He would have to give back whatever he got from the contract (The "non-refundable" deposit.). However, the OP did not do so and the contract is not void as a matter of law.

That does not mean he does not have defenses to a suit. Latches might be one, lack of cooperation might be another and a claim of outright breach against the other party might be yet another.

I'd make nice and see what I could do to make things good. If an actual complaint comes down and you know the specific argument and the amount of damages claimed, let us (Or, better, your attorney.) know.

 

[Zigner]

Latches might be one

Darn that sticky T key!

 

[tranquility]

No, it's just I can't spell worth a datm.