What to do if I have not received my wedding album?

I was married a year ago. I hired a photographer who required 50% down to hold the date and the final payment the day of the wedding. Her contract states the following “COMPLETION SCHEDULE Photos completed 1 to 3 months after event. After you receive your photo disc you have 2 weeks to report if the disc is defective and request a new one. CLIENT is urged to back up all photos on computers at separate locations. photographer’s name’s responsibility ends 2 weeks after all products are delivered to CLIENT.” I received the disc with photos 5 1/2 months after the wedding but have still not received the photo album that has been fully paid for. It’s been almost a year and she has stopped responding to e-mails or phone calls. Could I have a case for small claims court or civil court? If so, what is the best first move

Asked on September 4, 2012 under Business Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thank you so much for quoting the terms of the contract here but reading it in person is really the best thing.  But it does ideed sound as if the contract was breached by her in the first instance which could make the terms null and void (but a court has to make that determination).  What is clear is that she owes you a finished album that was already paid for and yes, you can indeed sue her.  Where depends on the monetary limit for small claims court and if you wish monetary compensation.  Small claims is not generally a court of equity (and you want your album).  Send her a letter by certified mail and state that you wish your photo album.  That she has breached the contract between you and that if you do not get your album you will resort to court intervention. Good luck.


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