Photographer LAWSUIT Lost Images

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

Good afternoon,

My husband is a photographer. He does amazing job and people love him, but it happened that last year he lost images for a Bat Mitzvah (a once in a lifetime event in Jewish life when a girl/boy turns 13).

In November 2007 my husband photographed the Bat Mitzvah and did a photosession the day before the event.

He gave the clients the images for the photosession before the Bat Mitzvah, but lost the images for the Bat Mitzvah itself.

The price for Bat Mitzvah the clients paid was $1,500. There was no legal contract whatsoever between the clients and my husband, just a price sheet with the price for the Bat Mitzvah.

In March and April of this year we talked to the client's lawyer via mail. We tried to refund the $1,500: we sent a check to the lawyer and wrote "cashing this check constitutes paying in full." The lawyer wrote on the check VOID and sent the check back saying that "while we agree that the $1500 would represent a full refund of all sums paid to you by the clients, it will not be accepted by them as payment in full."

Yesterday we received a Writ of Summons with the court date in three months. They claim that the money that was paid is $2,500 (where it was $1,500), that they never received the images even for the photosession before the event (they DID receive them), and they want to get $30,000.

We don't have money to hire an attorney and would like any input you can give us on the issue.

Thank you so much for your help.

Deposit whatever money you got from them with the court; if you don't want a lawyer, then show up at court whenever you are ordered to.

Thank you.

We do want a lawyer, but cannot afford it.

Would that they falsely claim they paid $2,500 instead of actual $1,500 make a difference in court?

Is there a chance they win and get the $30,000 they are asking for as a compensation for the lost images?

Q: Would that they falsely claim they paid $2,500 instead of actual $1,500 make a difference in court?

A: No; the lawyer will just say it is a typo. This is pretty common.



Q: Is there a chance they win and get the $30,000 they are asking for as a compensation for the lost images?

A: I don't have the slightest idea. I wouldn't think so; sounds frivolous to me. Plus, how many other people were there with cameras? It seems they would have a tough time proving any damages. That's my guess.

Thank you again, I feel a little better.

1) Should we try to make an offer of double the amount of money paid to the lawyer?

2) What do you mean by saying we should deposit the money paid by the clients with the court? (I'm from a different country and don't know all the language nuances).

3) Should we just show up in the court with all the papers? What do you think might be the largest sum we'd have to pay?

1) Should we try to make an offer of double the amount of money paid to the lawyer?

A: Absolutely not. Offer half of what they paid you. Tell the lawyer this is a nuisance and frivolous suit and you will give him $750 for him to dismiss it WITH PREJUDICE (magic words meaning they cannot refile it once it is dismissed).




2) What do you mean by saying we should deposit the money paid by the clients with the court? (I'm from a different country and don't know all the language nuances).

A: Ask the court clerk if you can deposit the $1500 with the court. This will show your good faith.




3) Should we just show up in the court with all the papers? What do you think might be the largest sum we'd have to pay?

A: Yes and I don't know. I cannot predict the future...wish I could!

RE: 1) Should we try to make an offer of double the amount of money paid to the lawyer?

A: Absolutely not. Offer half of what they paid you. Tell the lawyer this is a nuisance and frivolous suit and you will give him $750 for him to dismiss it WITH PREJUDICE (magic words meaning they cannot refile it once it is dismissed).



But see, we already sent them a check for $1,500 and they sent it back with a mark VOID. I'm afraid they would not accept half of it if they didn't accept the whole sum.

Would it also make a difference that there was no contract between my husband and the client? It basically was an oral agreement.

But see, we already sent them a check for $1,500 and they sent it back with a mark VOID. I'm afraid they would not accept half of it if they didn't accept the whole sum.


So what?


Q: Would it also make a difference that there was no contract between my husband and the client? It basically was an oral agreement.

A: There was a contract; it was oral. It was for $1500. Tell the lawyer the $750 offer, just to get rid of these unpleasant people.

You're making my day! I was already thinking about how to get a loan for the $30,000..

RE: 1) Should we try to make an offer of double the amount of money paid to the lawyer?

A: Absolutely not. Offer half of what they paid you. Tell the lawyer this is a nuisance and frivolous suit and you will give him $750 for him to dismiss it WITH PREJUDICE (magic words meaning they cannot refile it once it is dismissed).

<<<<In March and April of this year we talked to the client's lawyer via mail. We tried to refund the $1,500: we sent a check to the lawyer and wrote "cashing this check constitutes paying in full." The lawyer wrote on the check VOID and sent the check back saying that "while we agree that the $1500 would represent a full refund of all sums paid to you by the clients, it will not be accepted by them as payment in full.">>>>

Their lawyer didn't want to accept the whole sum, you think he would accept half?.. I'm so confused..

Anyway, we'll try to do what you said.

Thanks for taking your time to give me some advice. It really does mean a lot.

pnatalia said:

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Their lawyer didn't want to accept the whole sum, you think he would accept half?.. I'm so confused.

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Click to expand...

It's called negotiation.

Show the lawyer you think the case is crap.

you run a business and don't use a contract or have insurance for this type of thing?

you run a business and don't use a contract or have insurance for this type of thing?

I knew that was coming. We do now. We just got married and I'm taking care of it now. My husband is a great person and an amazing photographer but a bad business person. But I don't want to discuss this right now. The question is how we can get out of the current situation.

good, didn't mean to kick you when you're down but for the future and others reading this:

1) have a contract with a clause that limits liability to the payment for services only.
2) have insurance so when you are sued, they will provide you with an attorney and pay your damages.

as for now, your options are pretty much limited to:

1) negotiate with them and their attorney
2) get sued and defend yourself as best you can in court.

Re: VeronicaLodge

Thanks.

We still have some time, so we're considering every option.

If we do number 1) negotiate with them and their attorney, what should we offer? I'm a little sceptical that would accept half of the money paid if the lawyer didn't accept the full payment.

2) get sued and defend yourself as best you can in court. Is there a chance we end up paying $30,000.00? That sounds unrealistic.. but anyway, very scary. What is the most possible outcome?

Honestly? I'd take my chance in court. The lawyer is not very bright...but then again, you never know what may happen.

I would not offer them a penny over what they paid.

~Christina