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Flaking Wedding Videographer

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skeeter84

Junior Member
Hi all. I live in California. I learned the lesson of not hiring anyone off Craigslist a few months ago, when my wedding videographer, who shot my wedding in June, failed to deliver our video within his verbally promised "3 weeks". This was in June of this year, and he has since stopped returning my emails and phone calls.

I have a receipt from him, promising to deliver the video and proof of payment. Unfortunately, the receipt does not include a date promised for the completed product. We discussed this over the phone only, and he said he averages 3 weeks. This was 5 months ago. I have probably about 40 emails since then, of us conversating asking where is the video, its almost done, so on and so on. Several of the emails include him saying "It's done, I am putting it in the mail tomorrow" (months ago). Several others include excuses (family deaths, etc.), which I have since found out that he used on other customers years ago. He is basically a con man that has disappointed many other people with not delivering their videos. I do not want to provide his name here, so I wont include the link to the wedding forum thread of people discussing him.

My question is, do I have anything to work with? Can I consider taking legal action?

Thanks in advance!
 


sandyclaus

Senior Member
Hi all. I live in California. I learned the lesson of not hiring anyone off Craigslist a few months ago, when my wedding videographer, who shot my wedding in June, failed to deliver our video within his verbally promised "3 weeks". This was in June of this year, and he has since stopped returning my emails and phone calls.

I have a receipt from him, promising to deliver the video and proof of payment. Unfortunately, the receipt does not include a date promised for the completed product. We discussed this over the phone only, and he said he averages 3 weeks. This was 5 months ago. I have probably about 40 emails since then, of us conversating asking where is the video, its almost done, so on and so on. Several of the emails include him saying "It's done, I am putting it in the mail tomorrow" (months ago). Several others include excuses (family deaths, etc.), which I have since found out that he used on other customers years ago. He is basically a con man that has disappointed many other people with not delivering their videos. I do not want to provide his name here, so I wont include the link to the wedding forum thread of people discussing him.

My question is, do I have anything to work with? Can I consider taking legal action?

Thanks in advance!
Sure, you can pursue legal action against them. But the problem is proving the terms of your contract with them. Whenever you are dealing with a professional ANYTHING, you should ALWAYS get it in writing. This goes doubly so, especially when dealing with something so significant and once-in-a-lifetime as your wedding, because getting it right means so much. A verbal contract can be just as valid, but proving what they were to deliver is much more difficult.

That being said, your receipt shows that you paid them. Does it specify what services were to be provided? Since there is no deadline or guaranteed completion date, the judge would need to determine what would be reasonable. IMHO, if the videographer claims he averages 3 weeks to complete, and it's been 5 months, that should have been MORE than enough time to finish the video.

You MIGHT be able to use your emails back and forth as evidence, but not all judges will allow that (emails can be faked or spoofed far too easily). Some of your BEST evidence might be those other dissatisfied customers who never received their videos. If you can get one or more of them to appear as witnesses in court, that could prove a pattern of conduct on the part of the videographer.

Last, but not least, all you can hope to get out of this would be a refund of your money. If you end up going the legal route, chances are you will never see the wedding video you were promised. But also know that such circumstances DO NOT allow for an increased award of money for you. You can only recover the money you paid. There is no way to get pain and suffering, or other penalty damages against them. You will never be made whole for missing out on the wedding video you had been promised.
 

John_DFW

Member
Have any of the other people that have not received photographs taken the photographer to court?

If not, are they within the statute of limitations to do so?

It may be worth pooling together several people and having an attorney represent all parties. It may not need to be a class action, but would discuss that possibility with the attorney.

Keep in mind, even with a judgement, you may not recover any money.

I would also discuss the possibility of criminal charges with a prosecutor, and filing a complaint with the California Attorney General.
 

John_DFW

Member
. If you end up going the legal route, chances are you will never see the wedding video you were promised.... You will never be made whole for missing out on the wedding video you had been promised.
Perhaps an In Rem Lawsuit against the raw video footage would be in order.


Then some other competent person could produce an edited video.
 

Mass_Shyster

Senior Member
Hi all. I live in California. I learned the lesson of not hiring anyone off Craigslist a few months ago, when my wedding videographer, who shot my wedding in June, failed to deliver our video within his verbally promised "3 weeks". This was in June of this year, and he has since stopped returning my emails and phone calls.

I have a receipt from him, promising to deliver the video and proof of payment. Unfortunately, the receipt does not include a date promised for the completed product. We discussed this over the phone only, and he said he averages 3 weeks. This was 5 months ago. I have probably about 40 emails since then, of us conversating asking where is the video, its almost done, so on and so on. Several of the emails include him saying "It's done, I am putting it in the mail tomorrow" (months ago). Several others include excuses (family deaths, etc.), which I have since found out that he used on other customers years ago. He is basically a con man that has disappointed many other people with not delivering their videos. I do not want to provide his name here, so I wont include the link to the wedding forum thread of people discussing him.

My question is, do I have anything to work with? Can I consider taking legal action?

Thanks in advance!
Mail the guy a copy of the article from the NY Times where the disgruntled bridegroom is suing the wedding photographer for the $4,100 for the photos, plus another $48,000 to recreate the wedding so he can get good photos.
 

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