Hi everyone,
I am hoping for advice on how to handle this situation.
Back in May, I hired another student who was doing photography on the side to take my graduation photos. She is not a professional photographer, just an amateur who offered affordable sessions for students. The agreed price was $75. I paid her $37.50 at the shoot and then another $37.50 afterward to receive the photos. She did the shoot, but I have never received the photos.
It has now been over 3 months. I have emailed, texted, and followed up multiple times, but she has stopped responding entirely. I am not asking for edits or touch-ups anymore: at this point I would just like to receive the unedited digital files or, at minimum, a refund.
I am considering filing a claim in small claims court, but I have a few questions:
- Would this count as a valid small claims case since she took my money but did not provide the product?
- If I file, can I include the filing fee in the claim?
- Is there anything else I should try before filing, legally speaking?
I just want either the photos I paid for or a refund, but I have had no communication from her in months. Any advice or next steps would be really helpful. Thank you!
Location: New York
Comments
NAL but if you have everything documented in writing it sounds like you have a small claims case. A signed contract is best but texts or emails work as long as you can prove what’s being provided, cost, and proof that you paid – bonus if your communications show when you can expect the photos. I’d include the filing fee on the actual filing to be sure but I’d suspect you get court costs included in the judgment if you win.
Try contacting her through multiple means, maybe tell her you’re going to file and that may get her to respond (it’s not worth anyone’s time in court for $75 except the principle of it). If she’s ever going to try to be a pro photog, she needs to get her professionalism up to snuff pretty quick.
Not worth filing in small claims. While you can get the filing fee and service cost back if you win, that assumes you can collect anything at all. A judgment is just a piece of paper, and if they don’t pay in response to the judgment, you have to go through a whole separate set process to collect. A hassle at best, and sometimes, its not even possible.
Just by way of aside, its shocking how many folks post here about photographers. Right up there with oil change places. I’d certainly have guessed oil changes places were a frequent problem, but photographers? Anyway, lesson to be learned I guess.