Evanston, WY asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado

Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new photographers we hired and he said he would think about it. He is also in the midst of a custody battle, so we are unsure if he used the money for that. We did not hire just one photographer and we did not hire an out of state photographer. Again, no contract was signed, only discussed via FB and he also mentioned he would talk to his lawyer about a contract for this "unique" scenario if he does decide to photograph in the end.. Can we take him to court to get the money back? In Denver, co

1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Englewood, CO
  • Licensed in Colorado

A: That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in exchange for money. From what you wrote here there's no requirement that the agreement be in writing.

You have a breach of contract. While the terms may be nebulous you have 1. an offer for photos in exchange for money, 2, acceptance, you both agreed, and 3. consideration, you paid. What you don't have is performance. He failed to provide the promised services. That is a breach of contract.

It's not theft because you voluntarily sent him the money.

Insist on a refund and if he refuses you file a lawsuit.

If you retain counsel that's exactly what they will do. Issue a demand letter and if not resolved file a lawsuit to recover the damages.

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