My wedding photographer has sent me my photos, but has not sent the albums that they were suppose to come in.
We paid for these before the wedding, (which was 9 months ago). I have an email from him and he tells me that he will send them to me in two weeks, but that was over 2 months ago. I am positive he is trying to screw me over since I haven't heard from him. I have sent a certified letter telling him if I don't see my albums I will be contacting my attorney. The certified letter came back undeliverable. I don't know how to contact him now.
Can I take him to small claims court? I think the value on these albums are only $300 but it irks me that he can get away with this.
I know other people he has screwed in the past and his customer service sucks!!
Answers:
Aside from the fact that you used him when you've known he's screwed people in the past which puts you on notice...
I'm assuming that you want the albums (and not the $300). Write him a letter to the address to which you sent the checks by registered mail. In the letter explain that he has violated the contract and that if he doesn't send the albums you plan to take him to small claims court.
If he doesn't answer your letter, take him to small claims court. IF he doesn't show up at small claims court then he'll default and you'll win, at which point the court will enter a judgment in your favor and you'll be able to pursue him for the money. Also, if he defaults, be sure to call the Better Business Bureau so that other people don't get screwed.
In order to be successful you'll need proof of a contract in which he promised the albums.
Believe me, he'd rather just give you the albums than have a civil judgment entered against him (which'll basically ruin his credit for a LONG time).
Go to your local court house and file a small claims action against the individual!
Best wishes.
Then, why did you use him, silly?
Make a website letting others know of his business practices. Make sure your website comes up towards the top if his name is searched for. That way if someone wants to use him in the future, they'll find your page. Also, maybe you'll get lucky and he'll find your page and try to make the situation right.
Go to small claims court. Add on the complaint that you are requesting that your photographer pays for the court costs, attorney fees (if any), administrative fees (if any) and lost of days of work (if any).
What you request though, might not be what you are entitled too.
Good Luck...
You have evidence in the emails so yes, you have a good chance of winning in small claims court. However, just because a certified letter came back doesn't mean his address isn't valid. File your claim and pay to have the sheriff serve the documents. Then, if they are unable to locate him, contact your court clerk for assistance with the rules in your jurisdiction for noticing a person when you can't find them.
Make sure you take a copy of any contracts, the email and proof of payment with you.
(paralegal)
As long as you have a contract, you have a case, but why did you hire him knowing others he's sent up the creek?
Maybe a class action suit. Of course you have a case. Can you win is another question. Find a lawyer that will work on contingency. BTW, do you have a written contract?
But DON'T Make a website. He may file a reverse suit for slander.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment