Hi Les, That records search is a good idea. As much as I would love to settle this before hand, you would have to be here to listen to this woman to realize that she will take nothing less than the pictures and the money. It's what she told me right from the start. She's been yelling "court" right from the start. Anything less won't work. She sent her mother to pick up the pictures. I have also caught her in at least 2 lies already. We had a contract. At most, under this contract, she would only get less that 1/2 back anyway. If I thought it would do any good I would offer that much back. But, really, you guys would have to be here. I believe this woman is the most unreasonable human being I have so far met. Thank you for all the tips. I really do appreciate everyone's thoughts. Even Chris. But even Jesus would walk away from unreasonable people who just want to fight. Shyrell ----- Original Message ----- From: fotofx@xxxxxxxxxxxxx To: "List for Photo/Imaging Educators - Professionals - Students" <photoforum@xxxxxxxxxxxxxxxxxxxxxx> Subject: Re: I give up! Date: Fri, 15 Apr 2005 07:56:37 -0700 (GMT-07:00) > > 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 -- _______________________________________________ NEW! Lycos Dating Search. The only place to search multiple dating sites at once. http://datingsearch.lycos.com
