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How do I file a lawsuit against a photographer?

My husband and I hired a photographer for our wedding. Our package included digital copies of all prints via a DVD, four large prints, and one photobook (similar to a photo album).

We paid half when we signed the contract, the other half when we viewed and received the edited digital photos on DVD. We were told we'd receive the photobook within a month. We were told that at the end of July and we haven't heard from the photographer since despite numerous phone calls and emails.

How do I take legal action in order to get either my photobook & prints or a portion of my money back?

contact a lawyer. You may be able to fill out small claims court paperwork on your own, if you go to the courthouse. Small claims is anything under $4000 most places. It's generally made to be easy on the "little person" with no lawyers allowed at the actual proceedings (but it can be appealed into 'real' court as time goes on).

You should try to mitigate your losses by getting someone else to put together the photobook, if you have the digital versions of the photos, then sue for the amount of difference (the amount paid to the other company since you've already paid him). You have to remember in all contract cases you do have an absolute duty to try to mitigate your losses.

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