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  1. #1
    Join Date
    Sep 2010
    Posts
    2

    Default Photographer Won't Return Merchandise Until Bill is Paid

    My question involves criminal law for the state of:

    I hired a photographer to photograph my jewelry that was supposed to be used for my website. We had originally agreed to $500 for 100 pieces but the day before I emailed him and said it will only be 35 pieces to which he marked up the price to $300. When he emailed me a couple of photos for review, they were really bad so I asked him to fix them because I couldn't use them. He refused to do so and said he won't return my jewelry until I pay him. I called the police to file a report. They classified it as petit larceny and advised that I should take him to small claims court. The total value of my jewelry was reported as $800 (cost only) but it's 3x more for retail.

    I'm going to take legal actions but would like some advise. What are my chances of going against this guy? He claims I took up his time and should pay for the photos.

    There was no legal contract made between us except emails going back and forth. I also live in NY.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Photographer Won't Return Merchandise Until Bill is Paid

    what the jewelry cost you is what is used to determine value so if you paid wholesale, retail is irrelevant.

    Not knowing what your contract binds you to means nobody can really give you much help.

    We had originally agreed to $500 for 100 pieces but the day before I emailed him and said it will only be 35 pieces to which he marked up the price to $300.
    You could have said, "no thanks" and went elsewhere. You had to agree to the price for it to be a contract.

    so, just go to court and sue the guy. I see no reason to hesitate. Not sure if NY small claims allows for equitable relief. If so, you could sue for the return of the jewelry. If not, you can sue for your loss.

  3. #3
    Join Date
    Sep 2010
    Posts
    2

    Default Re: Photographer Won't Return Merchandise Until Bill is Paid

    I'm just trying to find out if he has any right to hold on to my property in exchange for the $300 as previously agreed. I wasn't hesitating to pay him in exchange for the photos but I wanted him to do them right. I wasn't going to pay him if they didn't look professional. First he threatened to sue me, to which I had no objection what so ever. When that didn't work, he decided to hold my jewelry hostage.

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