How can we get our family photos from a photographer that has been paid in full?

We organized a photo/video shoot of a family function and paid the photographer in full on the day of the function. However, she is not giving the family video to us and not returning calls. All our emails to her are either not responded or that she is busy without committing a date/time to give the video. This is a very important family function and it has hurt our religious beliefs a lot. We have emails on the payment made and also that she owes the video. What are our options?

Asked on August 17, 2014 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your option is to sue her. You would sue her for breach of contract (not providing what you paid for and what she agreed to provide), seeking an injunction (court order) requiring specific performance of the contract (that she complete her obligations and turn over the photos & video). Of course, if she never actually took, lost, etc., the photos, it doesn't matter what the court orders--you can't get what does not exist. In that case, the best you can do is recover your money.


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