small claims or not?

My wife and I selected a photographer for our wedding which occurred about a year and a half ago in Ohio. Neither of us were in town to sign the contract, so my mother-in-law signed the contract with the photographer. She did photograph the wedding and deliver the proofs of the wedding pictures. Since that time we have been unable to contact her to submit the pictures we would like to have in the wedding album. The written and signed contract does state that the photographer would provide a wedding album. We have learned that she might have moved out of state, but not left any forwarding addresses or contact information. However, I do feel that we will be able to get this information should we decide to build a case. We have been attempting to contact here by phone and registered mail for about 6 months and are now considering small claims court. We would like, at a minimum, to get the negatives. At best we would like some money and the negatives to have the bridal album made. Does this seem like a case for small claims court, or should it be handled in another fashion.

Thanks, John.

[Edited by johnny_sako on 04-16-2001 at 12:50 PM]

My response:

Well, if it is your information that "she's moved, and left no forwarding address", then what good will going to court do for you ? As a matter of fact, if she's gone, you can't even serve her with the lawsuit.

At best, you're out of luck. At worst, you're out of luck.

IAAL

Even though we have not yet found her new address information, we do feel certain that, should we want to continue in building a case here, we will be able to locate her. We are in the process of doing that at present. Should we not be able to get what we want through discusions with the photographer we are preparing for other legal means to have the contract we have signed with her fulfilled.

-John.

Have you sent her a letter with the "Address Service Requested" notation on it??

This US Postal 'ancillary code' will forward the letter to the intended recipient with the following procedures (COA means 'Change of Address):
COA between 1 and 12 months: mail forwarded at no charge, separate new address notification to sender, fee charged.
COA between 12 and 18: mail returned to sender with new address noted, no charge
COA beyond 18 months: mail returned to sender, no charge.

Further details, and other postal codes, can be found at:
http://pe.usps.gov/cpim/ftp/manuals/dmm/F010.PDF