Guilty By Association? - New York State

[DJTalyn]

A few years ago I was hired by someone to do a photo shoot with a model. We were to be paid after delivery of the photos. We never were. I was just starting out so I did not know of the importance of contracts and release forms. Now the model wants to sue me personally for not getting paid. I informed her that I was not paid either. She seems to think I am guilty by association. I am no more associated with this cheat than she is. As soon as I realized that the photos were not going to be paid for, I deleted them all from my computer to make sure I never accidentally used them or could be accused of using them. She claims the man who hired us promised her $300 for 90 photos and that is how much she wants from me. I cannot afford it and I cannot afford to go to court even if I am not forced to pay. I need my reputation as is. Does she have the legal right to take me to court and hold me personally responsible?

 

[xylene]

A few years ago I was hired by someone to do a photo shoot with a model. We were to be paid after delivery of the photos. We never were. I was just starting out so I did not know of the importance of contracts and release forms. Now the model wants to sue me personally for not getting paid. I informed her that I was not paid either. She seems to think I am guilty by association. I am no more associated with this cheat than she is. As soon as I realized that the photos were not going to be paid for, I deleted them all from my computer to make sure I never accidentally used them or could be accused of using them. She claims the man who hired us promised her $300 for 90 photos and that is how much she wants from me. I cannot afford it and I cannot afford to go to court even if I am not forced to pay. I need my reputation as is. Does she have the legal right to take me to court and hold me personally responsible?

Of course she can sue you.

Your reputation does not preclude you from being sued.


Her case hinges upon can she proove she had a contract with YOU and / or GUY WHO HIRED YOU.

If she sues you and proof shows contract with:

YOU - you owe $300

GUY HIRED YOU - you win

YOU & GUY WHO HIRED YOU - you owe $300

NOBODY - you win as she can't meet burden of proof.


I'd say good luck but I don't actually care about your reputation and I hope this model gets to have her day in court and doesn't wind up stiffed like you seem to be all to willing to.

 

[DJTalyn]

There was NO contract. I was simply a hired worker as she was. The guy who hired us is long gone so cannot be sued. It seems to be just a case of can she get away with suing someone just because he also worked with the fraud.

 

[xylene]

I was simply a hired worker as she was.

YOU hired her.

You were going to pay her WHEN you got paid... (not if)

That you didn't get paid is your problem.

You are out for the model.


Pay her before your reputation takes this hit you fear so much.

 

[DJTalyn]

No, no, no. He was going to pay us individually.

 

[xylene]

Did you hire the model or not?

Who did she believe she was arranging services with?

I already went over the scenarios

BTW, if she can't prove it, its all moot.

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Are you really in Buffalo of in the burbs?

 

[DJTalyn]

The model and I were both hired by the same guy and were both going to be paid by the same guy. I guess her case is as you say, moot. Thanks.