Holding Wedding Pictures hostage

I'm a photographer and did my first wedding early last month. The pitcures were beautiful but one roll did not turn out. I called the bride and told her the bad news. She seemed okay with the news. I sent her the proofs and some samples by mail since she lived 1 1/2 hours away. Later that week I received a phone call from the groom. He told me that if I didn't want to be sued for everything I've got (which by the way - I don't have much)then I should refund them the $200 deposit send him the negatives of the wedding, and let him keep the samples that were sent to him. To this day, I am willing to give him some freebie's to make him happy but his idea of a deal is a crock. In a business manner I told him that our deal was 64 pictures, an album, and 4 hours of wedding coverage for $400. By the way they knew that this was my first wedding. Although I was sorry anout that one roll,I had presented him with 84 pictures, (which they agreed were excellent)so I felt that I fulfulled my end of the deal. By the way no photographer can guarantee a picture to turn out. I told him that he has week to return the pictures, thereafter a charge of $10 per day would apply. He hung up on me. Since then, I sent out an invoice and have not heard a reply. I think that we are headed for court. I'm suing him for $600 plus the late charge fee. (cost of samples + wedding balance due = $600)My question is, can I get away with the late charge fee? I know that video stores other place do it. Also, does anyone think I have a case? Any help would be wonderful.

First of all, I think you are right and deserve to be paid. The rule for common law contracts is "substantial performance." They were to get 64 pics and you hvae 84. My question is where does $600 come from. The contract was for $400 and you already have $200, right? So, you're only $200 behind (plus late fees). The late fees may be a tough argument because they do have a "reasonable" basis for withholding payment. So, if you won in court you may be prejudgment interest, but not late fees for a disputed payment. But, if you have $200 plus most of the pics (that I'm sure they will want), don't give in and don't give them the pics. Make them sue you.

Thank you for your quick response. Your answer to the $600 is... They have a balance still due of $200. The samples that they have is a mothers album and a proof folio. I sent these items to them hoping to make a profit on this wedding. The mothers album is $150 and the folio is $7 --no pictures included with that. Also the proof book that the pictures were sent in $97 and lastly, the 20 extra pictures that were sent to them $140 (these pic's were sent for them to choose from). I'm giving you rounded numbers. The actual cost comes to a little more than $600. I'm hoping that I will win this amount. From my point of view, unless they pay for this it's stolen property right?