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 Expert
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Location: ohio-in my own little world with pretty ponies :) | Warriors Mom - 2015-11-17 10:34 AM
Where was the contract signed? That is a big issue...as where ever it was singed is where you can file suit, or you may file suit in her county. You can not just file suit in your county because of its convenience to you. You may, however if she retains counsel they will motion for a dismissal for wrongful venue. If she does not retain counsel, and she is not a legal savvy person you may get away with filing in the wrong venue.
As for legal advice on the situation, if it is over $500 I would file a small claim. If it is under $500 I would let it go, it is not worth fighting.
If you do in fact file a small claim, you may not get your pictures, but only the money you are out of.....
We met at my parents house and signed the contract. Different county from me, but close. She was living in Ohio at the time also different county but has since moved to Florida. |
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| File small claim in the county your parents live in.
Does the contract have any stipulations, if a legal issue should arise ect... ? |
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Rad Dork
Posts: 5218
Location: Oklahoma | Bibliafarm - 2015-11-17 8:46 AM
lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding.
While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand.
OP, I hope you get your pictures! It's a really crappy situation to be in! |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | Longneck - 2015-11-17 10:40 AM
Bibliafarm - 2015-11-17 8:46 AM
lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding.
While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at ). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand.
OP, I hope you get your pictures! It's a really crappy situation to be in!
You're right! Thanks! I hope I get them too! I hope all the people she scammed somehow gets them. |
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 Elite Veteran
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Location: The South | lexyy12 - 2015-11-17 9:35 AM LindsayJordan84 - 2015-11-17 10:26 AM This same thing happened to me! I'm in AR so surely not the same person, but I'm so sorry you're having to go through this. Mine was the same way, my friend used her and had nothing bad to say and her prices were fair so I signed up. Then after our wedding one of my friends said "I saw your photographer on the news for not giving people their pictures they paid for". ?? I finally got her to just give me the cd of our pictures, I don't think she edited them but at least I have something. We paid for a coffee table book that we'll never get, but oh well. I think it was around $500. Last I heard she opened a new business under a different name. Karma will get these people one day! I hope you get your pictures! 
I am so sorry, I really hope she comes through for you. One of the issues with mine was people would pay her for products (coffee table books, big prints, etc) in their packages and she would spend the money and not have any to order the products on her end. And I think she got so overwhelmed with business that she couldn't edit everyone's photos and had a meltdown. So maybe your person is just behind and she'll get it together. Or at least give you the cd with your pics, even if they aren't edited. I don't know how people sleep at night knowing they are screwing people over. And it's not like this stuff was cheap! |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | LindsayJordan84 - 2015-11-17 10:59 AM
lexyy12 - 2015-11-17 9:35 AM LindsayJordan84 - 2015-11-17 10:26 AM This same thing happened to me! I'm in AR so surely not the same person, but I'm so sorry you're having to go through this. Mine was the same way, my friend used her and had nothing bad to say and her prices were fair so I signed up. Then after our wedding one of my friends said "I saw your photographer on the news for not giving people their pictures they paid for". ?? I finally got her to just give me the cd of our pictures, I don't think she edited them but at least I have something. We paid for a coffee table book that we'll never get, but oh well. I think it was around $500. Last I heard she opened a new business under a different name. Karma will get these people one day! I hope you get your pictures!
I just don't get it! I honestly think she has no excuse. Since she moved to Florida she doesn't have much business(we were friends on fb) and is a stay at home mom so she has plenty of time in her hands! She's always posting about hanging on the couch all day while her kids are at school and her hubby is at work. |
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 Toastest with the Mostest
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Location: That part of Texas | Warriors Mom - 2015-11-17 9:34 AM Where was the contract signed? That is a big issue...as where ever it was singed is where you can file suit, or you may file suit in her county. You can not just file suit in your county because of its convenience to you. You may, however if she retains counsel they will motion for a dismissal for wrongful venue. If she does not retain counsel, and she is not a legal savvy person you may get away with filing in the wrong venue. As for legal advice on the situation, if it is over $500 I would file a small claim. If it is under $500 I would let it go, it is not worth fighting. If you do in fact file a small claim, you may not get your pictures, but only the money you are out of..... The highlighted portion is not true under basic principles of venue/jurisdiction law for almost any state. It's not where the contract is signed but where performance (or non-performance) takes place that usually controls that issue. Some contracts do have certain provisions saying if litigation occurs, it must take place in "x" state or "x" county when it comes to filing suit but generally it's where things happen that controls where you can file. Otherwise you can file in the county they live in or at last resort, the county you live in.
When it comes to serving someone who doesn't live in state, you have to get past issues of whether or not they have had sufficient contacts with that state/area to be required to answer a suit or be subject to a judgment against them by that other state. With the photographer coming to the wedding and taking pictures in that particular place, she has probably subjected herself (minimum contacts) to being sued for non-performance of the contract in that county/state so suit could probably be filed there. With that being said, there may be a local or state law that says differently but generally all 50 states operate on those basic concepts of venue/jurisdiction requirements.
Edited to clear my rambling up: If you are going to file against her, file in the county that the wedding and her photo taking took place because that's where you have the most success at defeating any venue/jursidiction issue she wants to bring up. By taking the photos there, she subjected herself to being sued in that State and that place. Her only recourse would be to basically say her non-compliance took place in Florida and that she could only be sued there but then again, she'd have to admit that she didn't do as contracted so I don't see that happening.
Edited by Red Raider 2015-11-17 10:36 AM
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Elite Veteran
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Location: The South | I just don't get it! I honestly think she has no excuse. Since she moved to Florida she doesn't have much business(we were friends on fb) and is a stay at home mom so she has plenty of time in her hands! She's always posting about hanging on the couch all day while her kids are at school and her hubby is at work.
Oh heck no, I don't know how you've kept your cool with her. I would've lost it by now. I was like you for awhile though and I totally understand because it's so scary to think that they could just delete your pictures and disappear. We got married June 2009, my MIL ordered several pictures off the website and got them in no time so I didn't see any red flags. She kept making excuses for not having the cd and book ready, so I let it slide. We were in our last years of pharmacy school so I was too tired to fight I guess lol. So we bought our house December 2010 and I wanted to decorate with our pictures, and by this time I knew about her being on the news so the gloves came off. I became a stark raving lunatic and blew her phone up and said things I would normally never say. So February 2011 I finally got the cd and the rights to the pics. I hope and pray that you don't have to wait so long to get your pictures! I'm sorry for typing out a novel on here, I got all fired up all over again. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | LindsayJordan84 - 2015-11-17 12:07 PM I just don't get it! I honestly think she has no excuse. Since she moved to Florida she doesn't have much business(we were friends on fb) and is a stay at home mom so she has plenty of time in her hands! She's always posting about hanging on the couch all day while her kids are at school and her hubby is at work. Oh heck no, I don't know how you've kept your cool with her. I would've lost it by now. I was like you for awhile though and I totally understand because it's so scary to think that they could just delete your pictures and disappear. We got married June 2009, my MIL ordered several pictures off the website and got them in no time so I didn't see any red flags. She kept making excuses for not having the cd and book ready, so I let it slide. We were in our last years of pharmacy school so I was too tired to fight I guess lol. So we bought our house December 2010 and I wanted to decorate with our pictures, and by this time I knew about her being on the news so the gloves came off. I became a stark raving lunatic and blew her phone up and said things I would normally never say. So February 2011 I finally got the cd and the rights to the pics. I hope and pray that you don't have to wait so long to get your pictures! I'm sorry for typing out a novel on here, I got all fired up all over again.
Oh my goodness, that's crazy!! It's ok, I totally understand! I'm trying so hard to keep my cool, once we go passed the contract date....ITS ON! |
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 Born not Made
Posts: 2931
Location: North Dakota | I don't have any advice for you but just want to say I am so sorry you are going through that.
I can't imagine if I hadn't gotten my wedding pictures. Pictures of your special day are such a special thing.
Good luck!!
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 Love Me Some Robert Redford
Posts: 2335
Location: WV | that sucks... sorry! |
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Location: ohio-in my own little world with pretty ponies :) | r_beau - 2015-11-17 12:24 PM
I don't have any advice for you but just want to say I am so sorry you are going through that.
I can't imagine if I hadn't gotten my wedding pictures. Pictures of your special day are such a special thing.
Good luck!!
Thanks! I'm definitely praying she actually sends them to me unlike some of the other brides... |
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  Warmblood with Wings
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Location: Florida.. | Longneck - 2015-11-17 10:40 AM Bibliafarm - 2015-11-17 8:46 AM lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding. While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at ). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand. OP, I hope you get your pictures! It's a really crappy situation to be in!
I forgot times have changed.. back in my day we paid deposit and paid when we reviewed and ordered |
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Location: ohio-in my own little world with pretty ponies :) | Bibliafarm - 2015-11-18 9:03 AM Longneck - 2015-11-17 10:40 AM Bibliafarm - 2015-11-17 8:46 AM lexyy12 - 2015-11-17 9:42 AM hoofs_in_motion - 2015-11-17 8:56 AM have you already paid her for the photos? I paid a deposit when I booked her and then paid the remaining balance at the wedding. While I understand your thinking, this isn't how wedding photographers work (at least from the ones that I've looked at and other brides looking at ). If you don't pay in full then they won't book you and go on to the next person who will pay in full.... and there is always another bride with your same date that has the money in hand. OP, I hope you get your pictures! It's a really crappy situation to be in!
I wish it was still that way! Then your almost guaranteed to get what your paying for because then they wouldn't get paid. |
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 Elite Veteran
Posts: 1077
| IF she is "waiting" on the USB that she ordered, then go do that for her. Go purchase a USB, mail it to her via priority mail. Rquire a signature for delivery. She will then have a USB in hand. Maybe thay will help motivate her into loading your pictures on there. Let her know you are needing to get some prints made. Send what she has ready and even offer to be ok with un edited pictures. I know that is not what you paid for but would be better then nothing. |
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Expert
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Location: ohio-in my own little world with pretty ponies :) | shorty2004 - 2015-11-18 11:23 AM IF she is "waiting" on the USB that she ordered, then go do that for her. Go purchase a USB, mail it to her via priority mail. Rquire a signature for delivery. She will then have a USB in hand. Maybe thay will help motivate her into loading your pictures on there. Let her know you are needing to get some prints made. Send what she has ready and even offer to be ok with un edited pictures. I know that is not what you paid for but would be better then nothing.
I guess she ordered a custom wooden USB with our names on it and our wedding date. I'm totally ok with just a plain disc though.. |
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