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Trying to get pics I paid for from Photographer who moved out of town..
Oct
1
2010
I had my son’s 1 yr old pics through a local Photog, on August 6th. I paid cash day of, and I am supposed to get the CD and waiver to be able to print the photo’s. I have tried conatcting several times via Facebook, last conatc was Sept 22nd, she said she would have to mail out (she broke up w/ boyfriend and moved down state) We only had a verbal contract, nothing in writing and no reciept for pics. She now will not answer my e-mails at all, and if I post on her Faceboos she deletes it. What is my next step??? Thought about Certified letter?? Not sure of addy, or should I tell her I am thinking of Legal action. I want the pics, I can never replace his one yr old pics. What can I do..I do have a few e-mails w/ a little info from her regarding the deal.
Answer #2
Thank you, I am in MI
No receipt, but she is not saying I didn’t pay, she said as of Sept 22nd, she would mail the CD out…now no answer via e-mail. Her voice mail is full and can not leave a message. I really do not want a refund, just the pictures. I thought about certified letter, but I only have her studio address, which she is never there since moving to Mt Pleasent, MI. Studio is still her in TC, and she is only here once and a while.
Thank you for the info!
Answer #3
You’re certainly welcome. I would send her a certified letter notifying her that you will pursue the action in small claims court; that may move her to action. (By the way, if she does not show up to court, you win by default.) I hope you get your pictures back.
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Answer #1
I completely sympathize with your situation as it happened to me a few months ago. I had ordered something and the vendor had reneged on the deal and would not deliver. Of course, it was not as emotionally sensitive as photographs of my children so I can understand your being upset.
Things changed when I made a final written demand (this is a formal letter usually delivered by certified mail) for the vendor to complete its services and provide me with what I had paid for or provide a full refund. (It helps to have a paper trail of a cancelled check and completed order form.) I pointed out to the vendor that I was making a final demand in anticipation of filing a small claim lawsuit against the vendor. In California, it is a legal requirement that you first ask for your money and receive a refusal from the vendor before filing as case.
On receiving my letter, it was a matter of a few days before I received what I had paid for.
I can say that your case is a little more complicated because it is a cash transaction (I hope you have a receipt) and you aren’t sure where you can get a hold of her anymore. There is however, it appears, evidence of your conversations with her including potentially emails you exchanged with her about getting the CD.
I would encourage you to look into filing a small claim. If successful, you may not get the pictures, but a refund; however, the pressure of the legal process and having to refund may make it easier for this photographer to cough up the pictures, which is what you want anyway.
What state do you live in?
(Note: I am an attorney in California so I can provide you with general legal information, but you should consult with an attorney in your jurisdiction for more specific legal advice.)