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.
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.