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    mjotts's Avatar
    mjotts Posts: 1, Reputation: 1
    New Member

    Aug 22, 2007, 04:26 PM
    What can I ask for in small claims court?
    Paid $1200 for wedding pics sept. '06 and haven't received anything. Had contract. The contract clearly states the location of the ceremony. After wedding they added $250 in extra fees. Haven't paid the fees. The photographer claims the location was farhter than he had expected (even though the location was stated in the contract) and required an additional $250. What can I ask for in small claims court. (arkansas)
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member

    Aug 22, 2007, 04:37 PM
    Firstly, we recommend you pay the additional $250 for the pictures since this may be the reason the photographer is holding the pictures back. If you don't do this you run the risk of never receiving the pictures in the event the photographer goes bankrupt or otherwise loses the them.

    In addition, you have a legal obligation to mitigate your damages. Paying the additional $250 and receiving the pictures would mean your loss is only $250 as opposed to the current $1,200 plus the sentimental value attached to the pictures.

    If the pictures are still not forthcoming after you pay the additional monies then by all means take the photographer to small claims court.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member

    Aug 25, 2007, 11:47 AM
    First of all, do NOT pay any extra "hidden charges" that you were hit with at the last minute. Especially since you have yet to receive your pictures. File a claim in small claims court for the actual amount paid out of pocket thus far ($1200), plus filing costs (generally around $25, give or take.) Ask the court to order either reimbursement for that amount or that you receive your pictures without further delay. This photographer had no right whatsoever to hit you with an extra $250 charge after the wedding. He should have quoted you the total, final price up front. He obviously found his way to your wedding and took the pictures so any misunderstanding about "location" is a lot of bull! You may also want to report him to your local Better Business Bureau.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member

    Aug 25, 2007, 05:25 PM
    Under normal circumstances we would never recommend anyone pay charges beyond those specified in a contract but in this case we assume your highest priority is to get your wedding photographs. You can always make it clear that you are paying the $250 "under protest" which would enable you to sue for it afterwards.

    However, if you are prepared to throw caution to the wind then by all means refuse to pay the additional charge, sue the photographer, complain to your local BBB and everyone else you know and then hope that when it is all said and done both the photographer and the pictures are still around at the end of it.
    MOWERMAN2468's Avatar
    MOWERMAN2468 Posts: 3,214, Reputation: 243
    Ultra Member

    Aug 25, 2007, 06:45 PM
    I would not pay the additional amount. If the amount has been paid. Then the photos are legally yours. Thus, I would think that would be theft of property/services over $1000.00 which makes it more of a crime than a lesser amount of money would be. I think I would speak to an attorney and perhaps have a warrant issued for their arrest.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Aug 25, 2007, 07:22 PM
    I side with Justice. You want your pictures. Get the pictures first then sue for the added charges.

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