What would you do? My wedding photographer has not given me my album after two years!?

Question

I got married in September 2005. I had a very good rapport with me photographer and his wife. I received the proofs and sent him my album layout over a year ago. He will not return my e-mails and when I sent him a demanding message about a month ago his wife replied back that they sent out my album to be put together and they have had a rough year. A few deaths and a sick mother. I have e-mailed him twice since then and he is not returning my e-mails. The catch is that I have sent a lot of referrals his way and my best friend will be using him in September 2008 for her wedding so I will have to see him then. I feel bad contacting a lawyer but I really want my pics! Has anyone had a similar problem or any advice?

The problem with my friend is she paid him up fron in full because he takes great pics! I had to contact the BBB for my videographer and that didnt help. I finally got my video though. I guess I shouldnt feel bad but I do because it is just him and his wife not a big company.

Answer 1

In any other job, if you don't notify them that you are having personal problems and can't make it into work, you would be considered a no show and fired!
You still paid him for services he has yet to deliver, and you shouldn't feel bad about that! Contact a lawyer to write some letters and make some calls. Chances are you wont need to sue or take them to court, however a lawyer will help lite a fire under their butts!

Answer 2

Sorry but, by NOT taking legal action, you are enabling this immature person to take advantage of people. Everyone on the face of this earth has problems. Some people handle their own solutions and others let the rest of the world pay for their mistakes. If someone doesn't stop this guy's poor money management, he will never learn to budget or run a proper business! It is obvious that he is spending his advance payments and then has to scramble to find the money for processing, etc. He probably hasn't paid his album suppliers and photo processing people so they won't deal with him. Gads - your proofs might be sitting at another place being held for ransom until he pays up!! You need to call a lawyer or go to Small Claims Court and file a lawsuit and get a lien on his equipment. You're doing yourself a favor, you're doing your friends a favor and, in the final scheme of things, you'll be doing this guy a favor too as he will have to clean up his life!! If you had paid in advance for a car and it was never delivered, you would be screaming and suing. This is no different. So long as you have your contract and your cancelled cheque for payment in full, you have grounds for judgement. You now have no cash and no photos. You would probably be better off settling with him to give you 100% of your digital proofs and all his negatives, etc. and a Promissory note for repayment. (You cuold sell that to a loan shark at a discount if he doesn't pay.) Yes, then you'd need to find another place to do your album and processing but at least you'd have your wedidng memories. right now you are still out all the cash and you don't have any photos. Your call! The longer you wait, the more chance you have of him "losing" your proofs, never paying you back, leaving town.So what if you have "good rapport". Ask yourself - would I lend these people a thousand dollars cash if they knocked on my door? If the answer is "no" (which it should be), then you have your answer. You actually DID loan them money, didn't you? They used it and they owe you the cash or the goods. I'm willing to bet that there have been quite a few couples who have been firm and who have received their photos. They've put you at the bottom of the list because of your "good rapport". They think you're a softy and are taking care of the more business-like clients first. Time for YOU now!

Answer 3

Send a certified letter to him stating that you will be filing a complaint with the State Attorney Generals office. (Don't worry about having to see him again. It's his own fault and shame, not yours.) If he does not respond then go through with filing the complaint. The State Attorney Generals office for your state is a great advocate for consumers though not many people realize it. They have helped me with a couple of issues now and been of great help in assisting me get my money back. It may also just be enough to get him to come through. Regardless of whatever kind of year they have had, he owes it to you to produce the album as promised. Also, even if your friend paid in advance she should still have the right to back out seeing how there is plenty of notice and receive 'most' of her money back. He would have the right to keep whatever the amount of a deposit was. If he normally requires an up front deposit of $100 he would be entitled to keep that much of it. I would also stop giving referrals. It's unfair to give a referral to another consumer until you actually have a full completed transaction that you are pleased with. If someone you send to him has the same problems they just may hold it against you.
Hope you get your pictures!
P.S.
It also sounds like they are just trying to drag it out until you have passed the time limit on filing a claim against them!

Answer 4

Small claims court. Call them up or mail a certified letter informing them that legal action will be taken and that a complaint to the Better Business Bureau will be done if you don't get your pictures within an X amount of time.

If they choose to ignore you, take your case to the Small Claims court. Hire a lawyer and make them pay for it too as part of the settlement. You are right and they are wrong and they have had plenty of time to comply with the contract.

Do not be afraid of pursuing legal action. You need you pictures and they breached the contract, You have the upper hand on this one and you will win your case and normally the word "attorney" will scare them enough to send you the pictures in order to avoid appearing in court.


Good luck (and I'm sorry)

Answer 5

I would send him a registered letter , you can tell him you liked the proofs but two years is a bit long to wait, that you have been referring him clients and are concerned that his poor service will reflect badly on you, and requesting an update on when your photos will be ready. Also say that lack of replies to emails is a concern in the circumstances.

If he has any sense at all, you will get a firm date for your photos. I would caution your friend about your problem , she may want to rec9onsider if she hasnt yet signed a contract.

Next step would be small claims court, sue for the negatives and partial refund of the price.

Answer 6

it took me almost a year in a half to get my albums back. It was horrible!!!! I kept on top of this company that I used. I called every other day to find out the status. Then when I finally got my albums, the colors were off. I told thm that I wanted everything corrected or that I wouold see them in court. 3 weeks later, I finally received the albums and everything was fine. But what a wait!!!! I would tell your friend NOT TO USE HIM being that you are having such a difficult situation with him!!!!

Answer 7

while alongside with the album interior the fee, permit the bride % the dimensions and high quality of the album earlier hand and the format could be left as much as you, that way you gets a commission on transport of the product. the main album is the only finished equipment containing what you think of are the main suitable frames,(everywhere between 20 - 40 photos comprising specially of photos of the couple and kinfolk, with some travellers) if she needs a 2nd album it's going to fee and it potential additional money interior the pocket. Thats the way I do it, this is their special day yet you are the Photographer, so make it familiar that your notice is regulation, ....with a grin of course.

Answer 8

Why would you refernce someone who you didnt have an end result from? Yeah, i know you saw proofs, but whats a handful of photos without a finished book??

i say call the wife back, and politely (but sternly) DEMAND your book. If they refuse to provide you with a book in x-amount of time, you'll be forced into litigation. You also need to call your friend, and tell her whats up. You really wanna be the one she cusses at when the same thing happens to her? Thats whats gonna end up happening. As for what she does after she has the info, thats up to her. But she should have the info.

Answer 9

This would be perfect for Judge Judy!
Seriously, give them one more chance. Set a deadline that is attainable for example, 6 weeks from now, and let them know that you will be forced to contact attorney or small claims court or attorney general, etc if they don't have album to you by then. And stick to your guns. If no album then go ahead and make the call. They may be playing the sympathy card and rolling in your money.

Answer 10

It's possible you waited too long to file a suit. In most states the statute of limitations is 2 years on a written contract and verbals don't fly anymore! Check with your County Clerks office about filing. I have to ask this, why did you wait a year to send your layout? They might be able to use that against you! So, be prepared!