Wedding Photographer Was Late

[footballwidow]

Our wedding photographer has been paid in full but we have not received any of our pictures.

We were married in the middle of July in 2005. The photographer was a month late in getting the proofs to us. We had the proofs for a month and he wanted me to come in to pick out the portfolio.

I had to reschedule for a couple days later because my grandma was dying. We get the portfolio set up and he then decides to tell me that I was his last wedding and he was moving to Florida. His wife was already down there and he was worried about the upcoming hurricane. This was hurricane Wilma, the same year Katrina and Rita hit. He would be leaving a a couple days and wanted to make sure I had the portfolio picked out.

Everything was set and I picked out a couple to be printed seperate of the portfolio. He said it would be $120 and an extra 20 or 30 for the overflow on the portfolio. Small considering we paid $2500 up front. I talk to my parents because they were the ones wanting the prints. They said to wait till we had the portfolio and then we would decide. The photographer left me a message the next day asking where the money was. The only time he called was to ask for money or to get the pictures back. I call him back and have to leave a message, as usual. I told him what we were doing and to call me back with the final amount for the portfolio because I forgot the exact amount. I haven't heard from him since.

By sure luck, I have his address and phone number. I also have a lawyer that has written him a letter. He hasn't responded to it, either. The lawyer is a friend and is doing this as a favor on the side. I don't want to push him too much.

I have also found out the photographer has done this to another couple I know. This couple married a year earlier than we did and still doesn't have their pictures. He even used their portfolio as an example to show me...a year after their wedding.

I just feel stuck. My grandma was never able to see the pictures. My husbands family has never seen the pictures because they live in Colorado and we are in Illinois. I haven't changed my name. I haven't changed my number. We still live in the same town. My parent's still live in the same spot and haven't changed anything. The town only has about 20,000 and the photographer has been our photographer for years. He has also known my dad since the late 60's-early 70's.

My question is, what can I do? Should I report him to the BBB in Florida? Should I report this as theft to the cops? Am I within my bounds to ask for a high resolution cd of the prints because he can't be trusted with producing prints?

Thank you

[lwpat]

Since you know where he lives, contact the local magistrate there and get the forms for small claims. You can do all of this by mail. Unfortunately, you will have to show up if it goes all the way to trial. Being served with papers may do the trick or not.

[footballwidow]

Why would I have to file in Florida? The contract was signed in Illinois. We live in Illinois and that's where his business was for 20 years before he moved. Everything happened in IL. It doesn't seem to make sense to me, why not in Illinois?

Thank you.

[aaron]

You don't have to file in Florida. He's probably suggesting Florida because it can be difficult to collect an out-of-state judgment (i.e., collecting an Illinois judgment in Florida), although I suspect that the photographer will be hard to collect from under any circumstances.