Legal Question in Consumer Law in Illinois

Hello,

My wife and I recently went to a photgrapher to take our family portraits. The photographer owns a small photography business named Ravens Eye Photography located in O'Fallon, IL. The agreement was that we would pay have the pictures in which we did. At first, the photographer was late for our appointment, forgot memory cards and not to mention keys at your home; we had to wait for hours to get these complete. My wife had to meet the photographer somewhere to get the finished pictures and then my wife paid the remaining money owed. When my wife got home, the pictures were awful and we wanted them redone or a simple refund; we have family that is a professional photgrapher and agreed that the pictures were of poor quality. My wife called the photographer at home and told her not to cash the checks for the remaining money, but the photographer did anyway; not to mention neglected to give us all of the pictures in which she still has. I was skeptical in getting pictures done by her in the first place. With that said, without me knowing this, my wife signed saying it was ok for her to post our pictures on her site, but I did not. Does she need me to sign as well in order to have my picture up on her site....I did not give her permission even though my wife did. I want to take her to small claims court for her to fix the pictures or to refund our money. She was dating someone at the time and has broken up with them since then. The boyfriend said to us that his ex specifically said she was not going to fix or reprint the pictures because she would lose money; he said he would testify against her. What are my chances of winning this and can I sue for more than what the pictures are worth, plus court costs, and for her posting pictures without my authorization?


Asked on 1/26/11, 8:26 am

1 Answer from Attorneys

Sal Sheikh www.BetterCallSal.com

No attorney can give you "odds" of prevailing in small claims court.

If you feel you were wronged, FILE.

Have your say in court and let the chips fall where they may if you feel this strongly.

Small Claims is for damages $10k and under.

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Answered on 1/27/11, 1:48 pm


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