Re: I give up!

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Hi Shyrell,

Yes this sucks but here are few hints to help out. And yes I have been in your shoes. You are probably going to lose, but hopefully you can reduce the pain.

1. Try and come to a bargain outside of court. Most courts want this to be settled like this anyway and often have both side go outside the court to try and come to a decision just before the case is heard. It is best if you do this in writing to the bride and make sure you do it so that the offer is fair to both sides. Use a fed-ex or other delivery service, or to signature return recipt requested mailing of the offer. You must have outside substantiated proof of delivery.

2. Go to the court and observe two or three times. It will help if you already know what to expect, the looks of the place etc. It will also help you to prepare by listening to other cases possibly similier to yours.Most court sessions are open to the public. 

3. See if the small claims court( I am assuming this is small claims court)  has an adviser, many have no cost or low cost attorneys who can help you prepare.

4. Each time you go to court make sure you dress professionally, and are respectful to the judge and staff. 

5. Make sure you document any offers in compromise you have offered so far. Most judges will not allow the plaintiff to have both the pictures and all of the money. This really is all about fairness and making the plaintiff whole.

6. Get a letter of the damage from the lab and also note the boilerplate language on the labs bag. It is usually around the flap, and it limits their liability to replacement of film and processing.

7. Hope like hell the other side does not show, or does show and asks for an continueance.

An OH BTW do a records search and see if she has sued anyone else.....


Take care and good luck,

Les

-----Original Message-----
From: Shyrell Melara <shyrellmelara@xxxxxxxxx>
Sent: Apr 14, 2005 2:20 PM
To: 
	List for Photo/Imaging Educators - Professionals - Students <photoforum@xxxxxxxxxxxxxxxxxxxxxx>
Subject: I give up!

I fixed the wedding pictures using my trial PS 7. The Mom picked up the pictures 2 days ago, and today the sheriff serves me with a notice of a claim against me in small claims court! 

It reads, quote: photographer took pictures of my wedding + ruined them

It's like a nightmare I can't wake up from. Is there a chance in ____ I can really have a business? 

Sorry - Just HAD to vent! 

Thanks.

Shyrell Melara

For the Quality You Deserve!
Melara Family Photography
http://shyrellmelara.tripod.com

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