Can I take someone to small claims court for not producing my wedding photos which have been paid for in full?

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Can I take someone to small claims court for not producing my wedding photos which have been paid for in full?

About 7 months ago, the photographer who we used said that our photos would be done within a few weeks. She was paid in full ahead of time because we thought that we could trust her. After a few weeks went by, I messaged her and asked if they were ready.She then told me that she would have them by the end of the week. The end of the week came but I still had not heard from her, so I gave it a couple more days and I then messaged her again. She answered me back rudely saying that he daughter sent me an email of my photos. I checked my email repeatedly and under every folder and I had not received such email. Myself, my mother and my sister have made several attempts, for the past 6 months to get my photos. However, she has not answered or has given us excuses. I still have not seen not even one professional photo that was taken.

Asked on May 31, 2019 under Business Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can sue her for your money back. You would sue under at least two different grounds or bases:
1) "Breach of contract": violating the agreement, whether written, oral (unwritten), or a mix of both, that she would produce photos for you in exchange for your payment. She is not entitled to keep your money without providing what she agreed to provide.
2) "Fraud": lying about what she could or would do to get you to sign up with and pay her.


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