Friday, May 14, 2010

Court Case

I have already mentioned how I was thinking of taking a local photographer to court for Tapangas 1st birthday pictures. Well on May 12, I did. I am surprised that I managed to do it...I don't like confrontation and this would be major confrontation, but I really wanted the pictures.

I consulted numerous people before making sure I really had a case. I spent hours printing and organizing the email communications, looking for receipts and just putting the case together in my head.

So, it is finally the court date. Thomas takes the day off to go with me and we pick up Diann on the way. When we get to the court house we go up to courtroom 209. I had never been to court, so it was really interesting to watch all these people coming in. More and more kept coming, until the room is full with standing room only. Then "all rise for the honorable Judge Shelton."

He comes in and starts to chew out someone standing on the side! Something about he was tired of paperwork being brought in the day before the court date or something, but he is yelling at this women. I don't think he is having a good day! The judge then calls out certain cases that do not have lawyers present to send to another room, ours is one of these. We go to the other room and wait...for what not quite sure but...?

Eventually, Judge Shelton comes in only after visiting with someone in the hallway. He goes through a series of cases involving renters. One case involving a dog being attacked and a couple others. Finally, we get called up...the last case to be heard.

I go through my points, mentioning the numerous contacts and the time frame. Her lack of following through. Mentioned the emails numerous times, but the Judge NEVER looked at them! Next, it was her turn. She talked about her business and how she has this gift for me. She also mentions how she thinks I am treating her like a photo studio at Walmart. She pulls out examples of her work to show the judge.

I tried 3 times to get the Judge to hear me on how she, the photographer, said she was going to get me these pictures and how she would never tell me how much to pay her. It was very frustrating! The Judge then says, "it sounds to me like you do not have a contract, is this right." Well not a written contract no. This communication is not a contract, "a contract is a written form signed by the two parties in question." He then says something to her about her "gift". And says "I cannot make a judgement, there is no case here."

WHAT! No case? How in the world? A so called professional photographer promised certain things in writing and never followed through? I will never be able to go back and redo this time in Tapangas life, never! To say the least it was pretty devastating to me. I broke down. I tried to be strong, but as I already mentioned I don't like confrontation to begin with. It made me physically sick.

It is now a few days later and I am ok with it, because there is nothing I can do. I think the Judge was wrong, I know the photographer was wrong, but there is nothing I can do. That is life I guess.

1 comment:

  1. totally stinks and totally wrong! i am sorry. so what was the gift??

    ReplyDelete