Hi guys, I need your advise I have a friend who hired a photographer for her wedding. She paid him all the money $4500. He lives in a different state (California) and she's in Minnesota. The wedding was in January of 2013 and he came and shoot the wedding. Up to this date she hasn't received her pictures. Needless to say she's called and emailed him a bunch of times. Any advise on what to do in this situation? Folks in California, any easy legal ways to deal with this?
She paid him all the money $4500. He lives in a different state (California) and she's in Minnesota. The wedding was in January of 2013 and he came and shoot the wedding. Up to this date she hasn't received her pictures. Needless to say she's called and emailed him a bunch of times.
My experience tells me that things in reality can be quite different from description. Or just not all details provided.
If all facts are true, he obviously is avoiding the situation and basically stole this woman's money. Perhaps hire an attorney to write a letter to this man - people often respond to communications from attorneys. If she has no money for attorney - she could always send send this man a registered letter that requires his signature. This sometimes gets people to believe the situation is serious. She could also file a claim in court herself, without an attorney if she can't afford one. Good luck.
Maybe there is someone here on the forum that lives in his neighborhood and can pay him a visit. just kidding. This is probably a good reason for using someone relatively local. That's a long way to go to collect the money ( I mean the photos).
I guess the lawyer route is the way to go.
My experience tells me that things in reality can be quite different from description. Or just not all details provided.
Exactly what I said is what has happened. I was one of the grooms men at the wedding so I know. At first his excuses after the first 6 months was he was supper busy. Then a year past, 2 years later now she's asking me what can she do.
she could always send send this man a registered letter that requires his signature. This sometimes gets people to believe the situation is serious. She could also file a claim in court herself, without an attorney if she can't afford one. Good luck.
I think I will suggest this first too. The biggest thing that complicates it is because he's in another state far away. I'm trying to find how the legal route will work as he's in California and she's in Minnesota.
I just nearly had to file a claim in small claims court in the USA. A certified letter, return receipt is a good place to start and ca. $7. You can also ask for "restricted mail" which means the person it's addressed to has to sign for it. It gets the other party to understand things could get serious. You get a postcard back proving it was delivered.
Next is small claims court. I live in Pennsylvania where I was told, I could file in the magistrates' district where the transaction took place, or I could file in the district where the other business is located. in my case this is only 10 miles apart. They will send the claim via certified/restricted mail, or in my case could have the Sheriff hand deliver it for an extra $15!
The person responded to my certified letter, and made an offer to settle, saving me the $190 small claims filing fee. The offer is low, but, I would need to hire a lawyer to get to what the real cost was, and the lawyer wouldn't make enough out of it to do it for a % of the winnings (and I can't afford to pay a lawyer, nor would it be worth the winnings, if any) so in my case this result is better than nothing and best of all, I can move on quickly.
In my case, the business did not want my negative reviews on Yelp or AngiesList etc. I can still leave negative reviews if I want to (I still haven't seen the settlement check either).
For your friend, she has paid a lot of $$$ for wedding photography. If the Photog has any professional affiliations, she could call them and ask what recourse they might help her with. There are also wedding review sites too. I am not suggesting she leave negative reviews before this get resolved, just that the thought of negative reviews can get these people motivated to do the right thing!
If he has stalled this long, chances are he has lost the files. I shot an event video last year for a small company that said their last videographer, in 1 year, never completed the video from the year before and doesn't return their calls. I suspect he couldn't cut the video or accidentally deleted the files.
I like the example set recently in Europe where the Photog had to pay a sum as if to re-stage the whole event. I know I do everything I can that, that'll never be me!
Good Luck.
because he did business in minnesota , minnesota has personal jurisdiction over the photographer
http://www.nolo.com/legal-encyclopedia/personal-jurisdiction-where-sue-defendant-29560.html
so she doesn't have to worry about him being in california...and she can force him to come back to minnesota !!
I agree that legal action should probably be taken but that can take time and money as others have stated. In the mean time, it might also be a good idea to put this information out there socially and see if he is faster to respond. I wouldn't be mean or rude but just honest. I'm sure he doesn't want other clients seeing that info.
Many times these photographers live and die by their status on social media and exposing the situation may make him respond faster. Posting a negative review on yelp, his website, facebook page, etc can sometimes stir up a response.
Wedding Photographer Gets Jail Time For Not Delivering Photos, Albums
If the photographer was a fraudster, he probably had no SD card in his camera! Just came to get his money and a free meal!
Based on the story, the client may have ignored some important red flags. As with any business transaction, buyer beware. Never pay all money up front. Especially in cash. Pay a deposit and balance on delivery.
Hire locally with someone you know or someone with recommendations. Just because they have photos on a website or Facebook doesn't mean they took them! Ask to see their entire portfolio for one event i.e. hundreds of photos, not just a few.
Have a written contract specifying when finished product will be delivered. If you have no written contract, good luck trying to prove anything in court. It's pretty much he said, she said. Normally allow 4 to 6 months for wedding photos. With important events, have a backup photographer/videographer.
Thank you guys all for your suggestions and advise. Like someone said too, I also have a feeling he might have lost the files because this is just ridiculous.
I am going to look very well into the personal jurisdiction suggested by @kurth, I didn't know that. Will make it really easy if it turns out to be that way.
I am going to suggest to them to first send him one final warning letter in a certified mail that requires signature outlining the various steps they will take if he don't produces the pictures.
Funny thing is I have seen some of the pictures he posted on his Facebook page to promote his work. I was going to suggest to them to write a review on his Facebook page but he didn't open it to people to write on his wall. You can only comment on his pictures. A yelp review too will be something I will be suggesting.
I guess the moral of this story is always always do business locally.
This is going to be tough and assuming all is as you said, she needs to file a lawsuit now. There is generally a statute of limitations. What it is in her state I'm not sure, but she needs to hustle down to the court house. She can't force him to come back but if he doesn't, she will get a default judgment. Collecting on the judgment will be a whole new learning experience.
I can guess what's happened. He screwed up the shoot and isn't professional enough to fess up to it and probably doesn't have the money for a refund. That's why I don't do weddings. You can't reshoot them....and yeah, I'm not perfect and sometimes my shoot needs redoing.
I'm sorry for your friend but I'm afraid she won't get her pictures. It's time for her to try to get her money.
Yes, she might be able to sue in small claims court in MN. Depends on local rules...also she might check to see if there is a written agreement that might specify jurisdiction or applicable law. Assuming she goes that route, photographer would need to be properly served notice of the suit...and so forth.
what @peternap said .....plus one other detail. The default judgement will apply ....in California ! If he owns property ...has resources, a judge will decide what is applicable. If he doesn't respond to the Minnesota suit, you'll get a default judgement. Hopefully the statute of limitations hasn't been reached. I'd personally avoid small claims court and try to get a lawyer pro-bono , splitting the returned funds....and importantly....legal costs. As well, check to see if they can be added to the claim. A $4000 claim instantly doubles. Considering the nature of the suit, you might be successful since lawyers love tooting their horns when they do a good deed....sadly only rarely ! I'd recommend a lawyer write him a registered letter. Yours most likely won't be opened. I'd avoid making any statements on social media ...until the claim's been settled. Judges tend to look down on such activity.
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