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Agent26

Junior Member
What is the name of your state? Michigan

Hello, I have never taken anyone to court over anything so any advice would be wonderful. Here we go. I got married in October of 2004. As with any wedding we hired someone to take pictures and videotape the wedding. We contacted her 4 months prior to the wedding to set everything up. As the wedding approached we hadn't heard from her or recieved a contract. I called her and she claimed that she sent one out but don't worry about it, she had it marked on her calender and would be there. She was at the wedding, took all the pictures, videotaped it, etc. We paid her the agreed upon amount ($500) in cash that night with the understanding that we would recieve everything within two weeks. Two weeks go by, no pictures, no phone call....nothing. A month goes by and finally I contact her. She says she was really busy and asked for my work address so she could drop them off. I gave it to her and on the day we set up....no pictures. I call her again, she apologizes, had car problems and couldn't make it. We set up another time and again she's a no show. So by now I'm not happy. I again contact her and she makes up another excuse. This time she says she will send them through the mail. Didn't like the idea of having them sent through the mail but figured it was the only way I would get them anytime soon. She claims there will be 2 packages. About 3 weeks go by and finally we get a package. Problem is there was only 1 package containing half our pictures, mostly from the ceremony, none from the reception and no videotape. I check with the post office and they tell me there was only one tracking number given and if there were two packages there would be two tracking numbers. I call the photographer immediately and inform her of this and she swears up and down she sent both packages. I ask why there was only one tracking number then, she hasn't got a clue. To make a long story short, it is now 5 months after the wedding and we still don't have half our pictures nor the videotape. My wife and I have contacted her numerous times and were told on numerous occasions that everything was being sent again, but of course nothing ever shows up and we are given excuse after excuse why she hasn't sent them yet. Now we can't even get a hold of her and she isn't returning our phone calls. I don't know what to do. Do I have a case and can I also sue her for what we paid for the pictures since she has so grossly broken what verbal contract we had (since the original contract magically didn't make it). This has severely stressed both myself and my wife out in fear that we will have no record of this event to share with our kids, grandkids, etc., someday. I apologize for the long winded post but I wanted to be thorough. Again, thank you for your help.
 


JETX

Senior Member
Agent26 said:
I don't know what to do.
With all the problems BEFORE the wedding, weren't your 'alarms' going off??!! I know that mine would have been!!
And on top of that, you paid her in CASH!!! (Tell us you did get a receipt!!)

Do I have a case
Based solely on your post, it would appear that you likely have a valid case. The problem will be.... in trying to establish your damages. Wouldn't you rather have the pictures/video if you could??

and can I also sue her for what we paid for the pictures since she has so grossly broken what verbal contract we had (since the original contract magically didn't make it).
No. You received 'some benefit'.... and she clearly did SOME work. You would have to compensate for that. What percentage of the full amount would have to be determined by the court upon reviewing ALL the facts.

You have to quit being lazy and trying to resolve this by phone. Go to her office/house and talk with her. Or at the very least, formalize your problem in WRITING (certified RRR) and give her a reasonable time (5 days) to contact you to schedule a time to complete the terms of the agreement. Include that if she doesn't make contact, you will have to consider taking legal action. Then do it if needed.
 

Agent26

Junior Member
Yes, I most definitely would like to get my pictures and video. The photographer is not disputing the fact that we paid her. Why would she send the one package and claim to send the other one if she weren't paid. I have informed her that I am taking legal action soon and yet no return phone call. I then called again and left a message pleading that we did not want this to go to court, we just simply want our pictures. Please send them. That was almost 3 weeks ago and still no word.
 

JETX

Senior Member
Agent26 said:
Yes, I most definitely would like to get my pictures and video. The photographer is not disputing the fact that we paid her. Why would she send the one package and claim to send the other one if she weren't paid. I have informed her that I am taking legal action soon and yet no return phone call. I then called again and left a message pleading that we did not want this to go to court, we just simply want our pictures. Please send them. That was almost 3 weeks ago and still no word.
Did you read my post?? Why the hell are you still trying to do this by telephone?? Don't you realize that is the most useless form of communication in a legal matter??
 

Agent26

Junior Member
Yes, I did read your post. I asked for advice, not a side order of sarcasm. I have a life and work full time. Her work won't tell me her work schedule and I don't really feel like driving 150 miles on my Sunday to have her not answer her door. If she's avoiding me this badly I doubt very seriously she will answer the door. On top of that my wife is 38 weeks pregnant. Don't bother helping if you can't help but be a prick.
 
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JETX

Senior Member
Agent26 said:
Yes, I did read your post. I asked for advice, not a side order of sarcasm.
Awww, poor baby!! Did you get your little feelings hurt??
It is beyond my comprehension how people can be so lazy as to try to resolve matters solely by telephone.... then get pissed off when they are 'advised' to formalize the process.

I have a life and work full time.
Okay, if your life and work are so important.... forget about the money or pictures. After all, they aren't valuable enough for you to get serious over, are they?? :eek:

Her work won't tell me her work schedule and I don't really feel like driving 150 miles on my Sunday to have her not answer her door.
Okay, so lets see if we have this correct:
You made a verbal contract with someone you already knew was going to be a problem.
You then paid cash.
You then decided to be too friggin' lazy to do anything about it (except make a few calls).
You have asked for 'legal advice'.... which you got for free.... and you can only bitch about.
And you think the photographer is the problem!! Sounds to me like you are.

If she's avoiding me this badly I doubt very seriously she will answer the door.
Ues the 'secret knock'. She won't know who it is that way!!

On top of that my wife is 38 weeks pregnant.
Oh, so someone had it in for you, huh?? Hell of an excuse.... my wife is pregnant!! I have heard it all now!!
Can't imagine what your excuse would be if you had a real one.

Don't bother helping if you can't help but be a prick.
Sounds to me like you are an expert at being a prick.... so suck mine. :eek:
 

Agent26

Junior Member
JETX said:
Ues the 'secret knock'. She won't know who it is that way!!
Now that is genious. Do I need a secret password too?


JETX said:
Oh, so someone had it in for you, huh?? Hell of an excuse.... my wife is pregnant!! I have heard it all now!!
Can't imagine what your excuse would be if you had a real one.
No, I don't think that at all, I just don't exactly want to be 150 miles away from my wife when she is so close to her due date, or if I take her with me, I don't want to be 150 miles away from our hospital and doctor. That is why I am waiting to drive down there, not that I am lazy. You probably wouldn't understand any of this. Judging by what you wrote you can't be a day older than 15.


JETX said:
Sounds to me like you are an expert at being a prick.... so suck mine. :eek
Wow, bringing out the big boy insults now huh? Does your mom know that your on the computer? Suck your prick? What next there Mr. Legal genious, yo mama jokes. Grow up!!
 

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