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DPChallenge Forums >> Tips, Tricks, and Q&A >> Should I sue to get my money or just give up?
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 06/10/2005 07:11:17 PM · #1
I shot a wedding back in October for $300. The verbal agreement was that I was to be paid the day of the wedding. For one reason or another I was promised to be paid a week later. Being the nice guy I was, I agreed. After several attempts, I’ve only got a hold of the client a few times, in which she promises to pay as soon as her paycheck arrives. I still have the photo’s – she has not received anything. My first mistake was not having a contract – I now know for next time. But the question now is what to do. Should I just give up and cut my losses or should I try something in the small claims courts? Has anyone done this and live to recommend it for such a small amount of money? Any ideas of what I should do?
the Q
 06/10/2005 07:13:34 PM · #2
i dont have any experience but id say give it up man. its only 300$ and it seems like she doesnt care about pics. tell her if shes ever ready to pay to come to you and she'll get her pics. end of story.
06/10/2005 07:14:41 PM · #3
Well, first, you did have a verbal contract, which you honored. You also have a lever, since you have not delivered the photos. Tell your client that unless full payment is received by you will pursue action in small claims court.
 06/10/2005 07:16:00 PM · #4
ditto lucas. perhaps she aint gots the cash but you have the pix. if she wants her wedding pix, she cough up the cash for 'em.
Too bad tho but at least you got to take pix & hopefully you had fun doing it.
Take the high road here & perhaps good karma will get you ur cash one way or ther other.
 06/10/2005 07:16:57 PM · #5
I've Recorded weddings before and always had a contract. Without a contract its hard to prove your case, It because a he said she said case and you will most likely not get anything out of it except for wasted time and a couple a gray hairs. You can only learn from your mistakes. my .000000002 :)

Sorry to hear about your misfortune. Cut your losses, keep the pictures and if she ends up paying, you've gotten lucky.
 06/10/2005 07:19:28 PM · #6
It would be worth a threatening letter, but not much beyond that. If it was me, I would photoshop the pics and make the bride look hideous or something and send it to the local newspaper for the wedding announcement section. But then I am not a good example.
06/10/2005 07:25:43 PM · #7
I'd say you're coming up on October. I would send a letter that says very simply:

Dear Bride & Groom,

I only plan to keep your files/pictures for one year. Since your one year anniversary is coming up in October, I would like to know if it is your plan to make payment before Sept. 30 or if I should go ahead and get rid of the files/pictures.

Thanks,
Photog


06/10/2005 07:26:49 PM · #8
put the pics up on a website with a link to purchase them online.. with a countdown timer that indicated the photos will self delete by xyz date.. email her the link to the page and leave it in her hands
06/10/2005 07:32:38 PM · #9

It's pretty obvious that the client doesn't want her pics. Instead of giving up and getting nothing, why not offer her the pics for say $200 instead? Tell her to take this deal, or you are going to small claims court to get your rightful $300 and then some. The 'discount' offer combined with the legal threat should convince her to cough it up and get it over with.

If she still doesn't pay I'd say yeah sue her. You don't have a written contract, but your photos should be enough proof to the judge that you were infact her photographer. As a matter of fact, you can tell the court your agreed amount was 500, or even 1000 dollars; that way you will probably be awarded somewhere around 300.

Even if the money isn't a big deal to you, you should still do it just to get the experience incase you have this issue with a bigger job in the future.


Message edited by author 2005-06-10 19:39:10.
 06/10/2005 07:37:42 PM · #10
I'd say cut your losses, keep the pix or give it to a collection agency (threaten to do so...maybe?).

The extra time and energy to collect might not be worth it at this point
06/10/2005 07:43:05 PM · #11
...what mavrik said. Regardless of what comes next, you have to set a dead date with her, but don't ever actually delete the images, just write it off at that date and someday, she may come back to you happy that you still could give her the shots.

Let her know that if she would like to start a payment plan with you, and will send $50.00 per pay period (assuming every two weeks), you will extend the time frame that you will retain the pics, and deliver the images when payment is made in full.

As a former wedding DJ, our payment plan was very up front and always in writing. From the date they contracted, they began payment and final payment was 30 days in advance. None of the couples who hired us ever complained about it or stiffed us and I'm happy to say, we also never needed to give any refunds.

In your correspondence, include two of the best images you shot at 4x6/5x7. Print them with a massive, but translucent watermark so she can look at em and want em. Then make it easy for her to budget and she may just bring some money to the table. You could also offer an extremely limited number of unmarked prints if she knows that she can't get $300 together in that time.
 06/10/2005 07:43:59 PM · #12
Stop getting hysterical - GO HERE!

Message edited by author 2005-06-10 20:09:32.
 06/10/2005 08:04:32 PM · #13
I would tell her she won't see her photos unless she pays you triple the original agreed upon price within 2 weeks.

And why did you only charge $300?

After 2 weeks, I would contact a collection agency and ask for $1,500

Message edited by author 2005-06-10 20:08:10.
 06/10/2005 08:05:33 PM · #14
A verbal contract is legally binding. You have the pictures to prove that you were asked to be there, and were there (what is the judge to think? you're just some random guy that takes pictures of people's weddings and then tries to extort them?). $300 seems like a very reasonable price - I don't think you should budge on it at all, but that's just my opinion.
 06/10/2005 08:18:06 PM · #15
I am a plumbing contractor, when I have problems getting paid I do a very simple thing.

I call the person I made the deal with and announce that each time I call the amount of $500 adds to the bill, my time costs money and if I have to spend it chasing some people that won't pay then they have to pay for that time to.

and when I have called 5 times then I sell the claim to a lawyer that specializes in difficult claims, that can add $5-10.000 to the claim.

and the lawyer ALWAYS gets his money ;)
 06/10/2005 08:30:35 PM · #16
Who would not want their wedding photos anyway?? Are they divorced already?

If you had the Bride's or Groom's mother's address, you could send a collection letter to them and make it look like it was misaddressed or something. I know my mom would make me pay - even now! :)

My final suggestion is to get any book by George Hayduke. (google him)
 06/10/2005 08:33:40 PM · #17
For $300, I'd say it was a rather simple wedding of simple folk. I would just live my life as if the wedding never happened, if I were you. Probably these newlyweds ain't got a pot to pee in and are already being threatened by 10 other creditors. You aren't gonna be any scarier than anyone else. But you have an advantage ... either the bride's or groom's mother or Great Aunt Edna are gonna want to see those photos in a very strong way pretty soon (especially if they are in them with their pretty new dresses.) I wouldn't doubt that when you least expect it, you will be paid with money "loaned" to the couple for the specific purpose of those shots and will be nicely asked to deliver the photos.
06/10/2005 08:38:18 PM · #18
Did you get a release to use the shots? If so, at least you have that and can use them to shamelessly promote yourself.
 06/10/2005 09:45:31 PM · #19
A verbal contract is lawful and binding in court. You have lived up to your end of the agreement, she has not. Why else would you take photos of her wedding unless it was for pay? Why would you keep them from her unless you were waiting for payment? This is a simple case. Go to your local clerk of court and take out a small courts claim, its around $35, which she will have to repay as well as any fees you incur while suing her, such as attorney. Its principle. I would not let her get away with it. I would also tell the judge that you showed up at the wedding for $300, you own the images, any images she wants NOW will be $X amount per 8x10 and so on.. I would not just hand over all the images after all this and for a small sum of $300. Its very simple to file small claims, Ive had to do it and it worked out great. Seek legal advice if you feel you need to, she will have to pay for it. You are sure to win.
 06/10/2005 09:59:57 PM · #20
Tough call. being a nice guy myself I would let it slide as a lesson learned.

BUT... I would try contacting them one more time and in writting if possible. Tell them that after a set deadline the price of the pictures will increase by 'X' amount. After that, I would not persue it anymore.

I would not delete the pictures either. It's like throwing something away or selling it in a garage sale, once it's gone, you'll need it the next day.
 06/10/2005 10:01:25 PM · #21
I say take it to small claims....it will take up a little bit of your time and only $25 to file the claim (it may have went up since the last time I checked) if not, it may be only a little higher. File it...show up to court...if she doesn't show up....she's in default and you automatically win...which means you can put a lien against any property she has (or her and hubby!) or (depending on which state you live in) you could file again to have her check garnished from where she works...mind you, this goes on her credit file. Most, not all, people usually get crap done before it hits their credit.

Just a suggestion :)

06/10/2005 10:08:42 PM · #22
Originally posted by kpriest:
It would be worth a threatening letter, but not much beyond that. If it was me, I would photoshop the pics and make the bride look hideous or something and send it to the local newspaper for the wedding announcement section. But then I am not a good example.


Do you mean like this?

06/10/2005 10:16:45 PM · #23
I know what it's like when you are broke and have just gotten married. Although inexcusable, I can understand why she may not have paid you. However, there may be an opportunity to sell prints to her relatives. Have you considered posting the prints for sale online for her wedding guests to purchase? You may be able to recoup some of your expenses by pricing the prints high enough.

Also a question: Is it a common practice to collect a deposit for wedding photography? I think that is what I would do in the future, (along with a contract.) It may be an inexpensive lesson learned, and not worth the psychic energy involved in collecting.
 06/10/2005 10:31:30 PM · #24
Originally posted by kpriest:
It would be worth a threatening letter, but not much beyond that. If it was me, I would photoshop the pics and make the bride look hideous or something and send it to the local newspaper for the wedding announcement section. But then I am not a good example.


Yeah, let my and Kpriest get our paws on the pix, I'm sure I can transform Godzilla into a beautiful bride.
 06/10/2005 10:31:41 PM · #25
My two cents.
Small claims court is just the first step to introduce you to the government burocracy. Once there you are locked in to deal with it in a manner you may not desire. You may win.....and the other side may decide that for about $40 they can take it to a higher court. There you would be a fool not to have a lawyer. Mine charges $2500 for starters.
You are clearly right and due the compensation but right has NOTHING to do with whether or not you win in court. The other lawyer is there to lie for their client. You will be shocked by the number of things they can come up with that are far from the truth....and the judge and/or jury will decide who is right regardless of the truth. Sound bitter? Been there friend.
Take it to court and you loose control. Better to settle it on your own in your own way. Or take it as a lesson learned, only $300.
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