Legal Question in Business Law in Massachusetts

My husband and I got married on12/3/06. The agreement we had with our photographer was that I would get my images once I purchased an album. I tried arranging us to meet to purchase the album but she said she was too busy and stated that she would mail me the images. This was all via email and I still have them. I been struggling with her...due to many things we been going through I unfortunately haven't been able to do much more. we have had back and forth emails which she sometimes refuses to answer. All she says is that she will mail them except she is having issues with her computer.

What should I do? Can I take her to court? I partly have taken long because I really just want the pictures so I don't want her not to give me anything because I took her to court but I also know it's almost been 4 years. What should I do?

Asked on 9/24/10, 8:28 pm

2 Answers from Attorneys

Roderick Oreste Oreste Law

If you've already paid her then send her a demand leter for unfair and deceptive business practices because it has taken her an unreasonable amount of time to deliver your photos. The letter should be written pursuant to Massachusetts General Laws Chapter 93A - which is a consumer fraud statute. Follow the guidelines for writing the letter if you choose to do it yourself. If she promised you the photos, then she may be in breach of contract and you probably have a good claim to take her to court as well.

Hope that helps,

Rod Oreste

[email protected]

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Answered on 9/30/10, 7:37 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

I agree. A lawyer's letter and a 93A letter of demand could finally result in movement. If not, you will have to sue her.

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Answered on 9/30/10, 8:36 am

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