What is the name of your state (only U.S. law)? IN
Greetings.
I appreciate any help in this matter. Trust me, this is the short version
There are a couple weeks left until my wife and I celebrate our one year anniversary. The problem is we still do not have our video from our videographer who told us verbally he would have us the video NO LATER than six months from our wedding date. We had spoken with him on and off over that 6 month period and he kept telling us "really soon".
Soon after the six month period he started screening our phone calls, and his wife even told us we had the wrong number and that she would call the BBB on us - lol - she must be hearing that alot lately as we don't even own a business. I talked to a lawyer who told me to find his house and talk with him as a last resort before taking him to small claims - so I did.
I talked to his sister-in-law who answered the door - naturally she covered and lied, at which point I gave her my info, told her we wanted to speak with "him" as well as have the video no later than Monday(7/14) or we file with small claims court.
Go figure, we get a call a day later, it's his wife this time. After BSing, and playing everything down, she said the video would be in our hands on Monday.
At this point I am definitely filing with the BBB, but even if I get the video my wife and I still feel he does not deserve any of the money we paid as most of the luster is gone as far as family, friends, and timeliness. I feel like not only did we pay for the product, but also for timely service as professed by him.
My question: If I actually receive the tape on Monday(7/14), would I still have a shot in small claims? If you were a judge how would you rule? If you were me what would you do? What if the video is junk?..etc
Key words that come to mind: consideration, punitive damages, breach of contract, express contract, implied contract, offer and acceptance, and compensatory damages.
Notes:
Yes, there was a contract stating services and exchange of pay - but no time line.
Yes, the amount we paid is barely under the maximum for small claims in this state.
I think his company is an LLC, not sure.
We have checked around and no he has not filed bankruptcy and yes there are other couples who have been having problems with this guy.
Thank You. Cheers.What is the name of your state (only U.S. law)?
Greetings.
I appreciate any help in this matter. Trust me, this is the short version
There are a couple weeks left until my wife and I celebrate our one year anniversary. The problem is we still do not have our video from our videographer who told us verbally he would have us the video NO LATER than six months from our wedding date. We had spoken with him on and off over that 6 month period and he kept telling us "really soon".
Soon after the six month period he started screening our phone calls, and his wife even told us we had the wrong number and that she would call the BBB on us - lol
- she must be hearing that alot lately as we don't even own a business. I talked to a lawyer who told me to find his house and talk with him as a last resort before taking him to small claims - so I did.I talked to his sister-in-law who answered the door - naturally she covered and lied, at which point I gave her my info, told her we wanted to speak with "him" as well as have the video no later than Monday(7/14) or we file with small claims court.
Go figure, we get a call a day later, it's his wife this time. After BSing, and playing everything down, she said the video would be in our hands on Monday.
At this point I am definitely filing with the BBB, but even if I get the video my wife and I still feel he does not deserve any of the money we paid as most of the luster is gone as far as family, friends, and timeliness. I feel like not only did we pay for the product, but also for timely service as professed by him.
My question: If I actually receive the tape on Monday(7/14), would I still have a shot in small claims? If you were a judge how would you rule? If you were me what would you do? What if the video is junk?..etc
Key words that come to mind: consideration, punitive damages, breach of contract, express contract, implied contract, offer and acceptance, and compensatory damages.
Notes:
Yes, there was a contract stating services and exchange of pay - but no time line.
Yes, the amount we paid is barely under the maximum for small claims in this state.
I think his company is an LLC, not sure.
We have checked around and no he has not filed bankruptcy and yes there are other couples who have been having problems with this guy.
Thank You. Cheers.What is the name of your state (only U.S. law)?