Jump to content

What rights do I have as a client? Photographer never delivered wedding photos.


val_slack

Recommended Posts

<p>I am an amateur photographer and I paid a professional photographer (at one time friend) from Texas to photograph and deliver images for my daughter's wedding in Indiana September 2013. He was paid $3,000 prior to the wedding for his service, the images, a CD and an album. I have a contract and copies of canceled checks. He took the photos, but was arrested 2 weeks later for violating probation. He was in jail for 7 weeks and released around Thanksgiving. He made several promises to deliver the images. We did some communication via letters and Facebook regarding delivery and he said the images were backed up in three places and that I would have them to create my Christmas cards early in December. On December 22, he said that he had sent the images via FedEx. On December 25, 2013, he told me to never contact him again. He deleted me from his FB friends and will not answer his phone or email messages. FedEx has no package on file for delivery to my address. He operated a studio in Texas which closed last June. I now know of at least four parties who paid him for photos and did not get them. One person is in Indiana and three are in Texas. Here are two excerpts from the last message I received from him. <br>

"I want no more contact from you…If you want to get a lawyer please have him or her contact me! I would also start with a prayer for you to know YOUR NOT GOD! So stop playing him and let God keep his job! "<br>

"My time to post. Had you paid 6000 then and only then you would have been a paying customer.” You have got ALL you getting with the files. You will not get any creative album from me, AT ALL and if you try to force me it WONT BE CREATIVE!”<br>

I paid him what we agreed to in April 2013, and what the contract states. Last month I filed in small claims court. He didn’t show up. The judge ruled in my favor for all costs. What I really want are my daughter's wedding images. Is there any case law that protects clients from nasty photographers?</p>

Link to comment
Share on other sites

<p>My bet is the guy deleted everything, he sounds very vindictive. You will be trying to squeeze blood from a turnip, I'm afraid. If he has a job, you can try to get a court to garnish wages for a refund, but that may cost more than it's worth. You could also try a collections agency in Texas, or file a small claims in Texas. At least then, the courts will be empowered in the state he resides.<br /><br /><br>

Good luck to you, I feel for you. Hopefully your daughter had some guests which took shots, perhaps you can reach out to them and try to get an album put together. You might be surprised at what you can get.</p>

Link to comment
Share on other sites

<blockquote>

<p>"I filed in small claims court. He didn’t show up. The judge ruled in my favor for all costs. What I really want are my daughter's wedding images. Is there any case law that protects clients from nasty photographers?"<br /><br /></p>

</blockquote>

<p>Not from being nasty per se. In any event, seeking a remedy at law (meaning money damages) could prevent you from a equitable remedy, which is otherwise available. Namely, an order to specifically perform the terms of the contract because of the unique nature of the product. Delivery of the images. Although the last paragraph is written so badly. I can't tell if you received digital files or not. In any event, there have been wedding photographers arrested after multiple people complained about not getting photos. If the local authorities are able and willing to charge him, it may prove useful for him to deliver images while that court case is pending. If he really has them.</p>

Link to comment
Share on other sites

<p>I did not receive any images from him. He posted one image on Facebook the day of the wedding that was a picture of the back of an image on his camera. Then he deleted that one. I tried to file small claims in TX, but the authorities said that the images were taken in Indiana and I couldn't file there.<br>

We did ask our guests, and they provided a few snapshots. We are grateful for them, but there was no image worthy of that "Official Portrait" status.<br>

Does anyone know the names of or the case law mentioned above? I would like to have some background information when I go talk to an attorney. Thanks in advance.</p>

Link to comment
Share on other sites

You already have a small claims judgment and it may be possible to have it transferred to another jurisdiction.

 

Considering the circumstances you outlined, you may have grounds for a criminal fraud case. Talk to a lawyer. A stern

lawyer's letter that mentions the possibility of a complaint to the police might get him to produce the photos (if they still

exist).

 

From a practical standpoint, theres not much you can do if no photos are forthcoming. In fact, your local police will not

want to get involved. Sadly, you are not far from a dead end.

Link to comment
Share on other sites

<blockquote>

<p>"the authorities said that the images were taken in Indiana and I couldn't file there."</p>

</blockquote>

<p>Part of a contract, even the substantial part, being performed out of state doesn't, by itself, deprive a state where other activities originated from having jurisdiction. It depends on the circumstances. You already have a judgment for money and compensation rather than for performance and delivery however. It would have been better to talk with the attorney beforehand. In any event, you don't need any case names. Its the lawyer's job to get those. You just need to provide the information and can ask about legal concepts raised here. Besides, you wouldn't go to a lawyers forum to get detailed technical photographic information. Why ask photographers for technical legal information specific to states they are not even from?</p>

Link to comment
Share on other sites

<p>Val - </p>

<p>At this point it would probably be best to take copies of all communication and contracts, plus the judgement you have already obtained and find a good lawyer who is licensed in both Indiana and Texas or one who at least has contacts in both states. </p>

<p>I've seen cases where photographers have been charged with fraud under state and federal law (depending if they crossed state lines) for not delivering images from weddings. </p>

<p>It doesn't sound like he was much of a friend to take $3,000 from you and not deliver... </p>

<p>One thought is that he realized the images were garbage and can't deliver them. Another thought is that he doesn't seem to be a stranger to courts, lawyers, etc... so a lawyer calling or sending him a letter may not be enough. I'd start looking for his bank information and get your lawyer to place a lien on his accounts and any assets he may have. </p>

<p>Dave</p>

 

Link to comment
Share on other sites

<blockquote>

<p>Talk to a lawyer. A stern lawyer's letter that mentions the possibility of a complaint to the police might get him to produce the photos</p>

</blockquote>

<p>The lawyer writing that may want to get advice from a lawyer about extortion. (especially since a money compensation judgment occurred effecting the potential ownership interest in the property)</p>

<blockquote>

<p>"In fact, your local police will not want to get involved."</p>

</blockquote>

<p>Local police authorities have arrested wedding photographers for larceny related crimes after not providing couples with images. Photographers went on to be convicted. While the legitimate work activity took place elsewhere here, the conduct that would be at issue almost certainly took place in the jurisdiction where they live. So, while the police may not be interested in pursuing a case against someone already known for criminal activity, saying they won't in such absolute terms is a disservice to readers here.</p>

Link to comment
Share on other sites

<p>If this loser has already been on probation, maybe you can get the authorities where he lives to prosecute him for "obtaining property [your money] by false pretenses [his apparently worthless promise to provide photos]," or whatever the equivalent charge is called. That will probably send him back to jail. But the only thing legally that might get you photos as you contracted for will be a civil suit for "specific performance" of the contract and that will most likely need to be filed in the actual county where he lives. I don't know that you need lawyers in both states; a lawyer in his state and county will probably be enough. But if I were representing you, I would caution you that the photos may not exist, if they ever did, and you may be throwing away more good money by pursuing it further. Good luck. </p>
Link to comment
Share on other sites

<p>This happened to my sister. They got the sheriff involved, and a number of the wronged parties showed up at his door. IIRC correctly, the sheriff brought out boxes of photo which they all dug through. Don't think any ever got their money. Some got a few pictures. I'd see about having his computers and hard drives seized and searched. Was the $3k a deposit.. in his mind? Seems like an Ass and probably deleted files just to spite you. Sorry to hear of your problem. <br /><br />In the big picture, thousands of people every year lose their homes, and all their earthly belongings to fires, floods, etc.. While a 'photo' would be nice, we should all remember that the only thing that really counts is that your daughter is happy. ... and then there's my S-I-L who burned all her wedding photos after her 1st marriage went south.</p>
Link to comment
Share on other sites

<p>Did any communication take place through US Mail? If so, contact postal authorities and they might pursue mail fraud against him. Federal pen time often scared folks into performing.<br>

Get ahold of the DA or State Attorney general where he is located and pursue criminal filing against him. The real threat of prison time might shake him loose.<br>

Reality: you might never see a thing no matter what you do.</p>

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...