Legal Question in Technology Law in Kentucky

A woman asked me to recover pictures from her computer that she had accidently formatted. But she cancelled payment one the check after having received the computer with the pictures restored, plus I made a dvd of the files as well. Since she will not pay for my service. Who has rights to the files? Does this mean she is giving up her rights to them, just as if they were trash at the edge of the curb? Any input would be appreciated.


Asked on 12/05/09, 7:50 pm

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

First, you had a contract to perform services. You fulfilled your end; she paid in full with a check. Therefore, that contract is complete and she is entitled to the pictures. Nevertheless, since she stopped payment on the check, you could sue her on the value of the check. I know this may seem confusing, but it is part of the Uniform Commercial Code.

I hope this helps!

Ron Cappuccio

http://www.BusinessEsq.com

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Answered on 12/12/09, 1:58 pm


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