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Wedding Vendor

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Cecilia24

Junior Member
What is the name of your state (only U.S. law)? Indiana

It has been over a year and a half since we got married and we have been going back and forth with the videographer to send our edited wedding video. We have been promised and given excuses many time and so far nothing. The company is located in NY and i don't know what to do with them. We just feel ignored and it did cost us arm and leg to send full payments they requested. We have a contract but it does not state a specific time frameto receive the video. Although, we were told verbally and in the emails they send to us. I don't want to take legal actions against them but they are not giving us any other options. Should i email them and say that we are considering that or find a lawyer and file a court claim. We also concerned about court and travel expenses.

Thanks
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Indiana

It has been over a year and a half since we got married and we have been going back and forth with the videographer to send our edited wedding video. We have been promised and given excuses many time and so far nothing. The company is located in NY and i don't know what to do with them. We just feel ignored and it did cost us arm and leg to send full payments they requested. We have a contract but it does not state a specific time frameto receive the video. Although, we were told verbally and in the emails they send to us. I don't want to take legal actions against them but they are not giving us any other options. Should i email them and say that we are considering that or find a lawyer and file a court claim. We also concerned about court and travel expenses.

Thanks
Send them a formal written demand for a refund or the video - NOT by email, but by mail (certified, return receipt requested). Let them know in no uncertain terms that they have a VERY LIMITED time to respond (maybe 1 week maximum, which is more than enough time, considering it's been over 18 months since the wedding) or you will resort to legal action to recover your money.

Keep in mind that if the company is located in NY, and was located there at the time of the transaction, you will have to go there to file suit. You are NOT entitled to travel expenses (either transportation or lodging). You CAN hire an attorney to represent you in court, but you would need to appear for the trial to give testimony, and your claim must be $5,000 or less.
 

Proserpina

Senior Member
Send them a formal written demand for a refund or the video - NOT by email, but by mail (certified, return receipt requested). Let them know in no uncertain terms that they have a VERY LIMITED time to respond (maybe 1 week maximum, which is more than enough time, considering it's been over 18 months since the wedding) or you will resort to legal action to recover your money.

Keep in mind that if the company is located in NY, and was located there at the time of the transaction, you will have to go there to file suit. You are NOT entitled to travel expenses (either transportation or lodging). You CAN hire an attorney to represent you in court, but you would need to appear for the trial to give testimony, and your claim must be $5,000 or less.


Are we sure that small claims court in NY allows attorney representation?
 

sandyclaus

Senior Member
I suppose it could vary according to county in New York, but my response was based on what I found on THIS one that serves Ithaca:
http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html

If you choose, you may be represented by an attorney at your own expense, but it is not necessary to have an attorney since Small Claims Court is meant to be a "people's court" where claims may be tried speedily, informally, and inexpensively. The defendant has the same choice. If there are attorneys on both sides, the case may be transferred to a regular part of the court.
In that respect, YMMV.
 

You Are Guilty

Senior Member
Lawyers are permitted in NY Small Claims, but check the contract with the videographer. While I doubt it actually does, it could have a venue clause other than NY.
 

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