is it too late to sue

[JustFit]

Mississippi.
Do I need to go to Los Angeles, CA to sue the cinematographer?

I found out today where he is living at an address.... so I can mail him the court papers, summon and complaint.

He thought I wasn't going to find out about him talking while filming my film project.
I hired him to use his camera and to work for me as a cinematographer.

Because I don't know where he located or lived at...

It happened in 2012 of November. Will the court allow me to sued him for damage? To get my money and refund from him.
Or is it too late... Now that it is 2021.

 

[quincy]

Mississippi.
Do I need to go to Los Angeles, CA to sue the cinematographer?

I found out today where he is living at an address.... so I can mail him the court papers, summon and complaint.

He thought I wasn't going to find out about him talking while filming my film project.
I hired him to use his camera and to work for me as a cinematographer.

Because I don't know where he located or lived at...

It happened in 2012 of November. Will the court allow me to sued him for damage? To get my money and refund from him.
Or is it too late... Now that it is 2021.

Why exactly is this a problem for you now? It is unlikely there is any legal action that you can pursue against the cinematographer after this amount of time but facts matter.

 

[JustFit]

He thought he can get away with bullying me. I was deaf. And he took that for granted. I am so hurt.
I will not let someone hurt me like that. This will teach him to not ever treat people like this again.

It is so sad that he would treat someone is unprivedge. It is unfair. He shouldn't get away with this.

I will not let someone treat me like this. Since I contacted him today... and he ignored me... see that is a discrimination right there...

So I will sued him for that and also try to get my refund.

 

[JustFit]

Should I go back to Los Angeles? Or do it in Mississippi and he will have to come over here?

 

[quincy]

He thought he can get away with bullying me. I was deaf. And he took that for granted. I am so hurt.
I will not let someone hurt me like that. This will teach him to not ever treat people like this again.

It is so sad that he would treat someone is unprivedge. It is unfair. He shouldn't get away with this.

I will not let someone treat me like this. Since I contacted him today... and he ignored me... see that is a discrimination right there...

So I will sued him for that and also try to get my refund.

Do you have a signed contract with the cinematographer? If so, what does it say about performance of the contract?

What amount of money are you looking to have refunded?

You do not appear to have any legal action to pursue after this amount of time. If you did, however, and your damages are small, you would sue in a small claims court in Los Angeles where the cinematographer lives.

 

[JustFit]

I got the check stud from 2012. I kept the checkbook. I'm so proud of myself for keeping it. I got video proof. His voice. He is doing so well now... so it wouldn't be an issue for him to pay me.

 

[cbg]

Since I contacted him today... and he ignored me... see that is a discrimination right there.

Not ILLEGAL discrimination, it isn't.

 

[quincy]

I got the check stud from 2012. I kept the checkbook. I'm so proud of myself for keeping it. I got video proof. His voice. He is doing so well now... so it wouldn't be an issue for him to pay me.

Did the cinematographer do for you what you paid him to do?

How much money is involved?

 

[adjusterjack]

This appears to be a contract issue. The statute of limitations in CA is 4 years for a written contract, 2 years for an oral contract. In MS it's 6 years written and 3 years oral.

You can certainly file your lawsuit despite the time limit but he could easily get it dismissed because the statute of limitations has run out.

If you want any kind of satisfaction, you can write him up on Yelp where he is located. Give him one star and state the facts. Be careful not to rant or write anything defamatory.

 

[JustFit]

There is no contract.

 

[cbg]

If there's no contract then you REALLY have no claim to bring. Without a contact of some sort he doesn't owe you anything.

 

[quincy]

This appears to be a contract issue. The statute of limitations in CA is 4 years for a written contract, 2 years for an oral contract. In MS it's 6 years written and 3 years oral.

You can certainly file your lawsuit despite the time limit but he could easily get it dismissed because the statute of limitations has run out.

If you want any kind of satisfaction, you can write him up on Yelp where he is located. Give him one star and state the facts. Be careful not to rant or write anything defamatory.

JustFit seems to be framing this as a discrimination issue. JustFit feels he was bullied for being deaf.

There is suddenly several posters on this forum with complaints of long-ago discrimination. The statute of limitations is not kind to these complaints.

As to contracts, when you pay someone to do something for you, that is a contract, whether in writing or not.

 

[JustFit]

I did not pay him to talk during filming.

$5,000. I wrote $1,700, $400, $400 and $100 and plus damage for the film... I paid for beach permit... $1200. on that day.

So he needs to pay me back. Refund law

 

[quincy]

I did not pay him to talk during filming.

$5,000. I wrote $1,700, $400, $400 and $100 and plus damage for the film... I paid for beach permit... $1200. on that day.

So he needs to pay me back. Refund law

You needed to file your complaint years ago. Sorry.

 

[adjusterjack]

There is no contract.

Yes, there is. It's an oral contract. You paid him to make a video, he made a video. There would be certain implied warranties, not the least of which would be that he doesn't spoil the product by talking while shooting the video.

Had you discovered the talking when you first got the video you probably would not have had any trouble successfully suing him for your money back.

So he needs to pay me back. Refund law

Once more, the statute of limitations has run out. A lawsuit will fail.

This has nothing to do with discrimination.