Legal Question in Business Law in Massachusetts

Business Closed Contract No Fulfilled

Wedding photo's purchased and ordered, paid intiial fee, deposit on prints. Recently the business closed it's doors, will not answer phone calls, no idea where to find owners - what recourse is there to either obtainin information on what type of complaint to file, how to receive access to film believed to still be on the bs. premises - owners of the building not the business? Where do we go from here?


Asked on 12/17/98, 4:10 pm

3 Answers from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Business Closed Contract No Fulfilled

Depending on how much you lost, in $ and not in the lost film, which can never be replaced, you may be able to band together with other people who are also out money and force the company into an involuntary bankruptcy. If you can do that, the Court will appoint a trustee to manage the assets of the company, and you may be able to convince the trustee to release the film for an additional payment to the Trustee. It seems to me that your first priority is probably getting a set of film for the wedding, at almost any cost (that would be my priority).

You cannot just go in and take the film, even with the landlord's permission. This is not the landlord's to give or withhold, it belongs to the company. I imagine this is not the answer you want to hear.

If you have an attorney that you have worked with in the past, contact him or her soon. If they do not do this kind of work, ask for a referral. See a lawyer soon, these situations rarely improve with the passage of time. You could end up having the film destroyed, and never getting the prints. A lawyer can protect you to the extent possible.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street


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Answered on 1/24/99, 6:28 pm
Thomas Workman Law Offices of Thomas Workman

Re: Business Closed Contract No Fulfilled

Depending on how much you lost, in $ and not in the lost film, which can never be replaced, you may be able

to band together with other people who are also out money and force the company into an involuntary

bankruptcy. If you can do that, the Court will appoint a trustee to manage the assets of the company, and you

may be able to convince the trustee to release the film for an additional payment to the Trustee. It seems to

me that your first priority is probably getting a set of film for the wedding, at almost any cost (that would be my

priority).

You cannot just go in and take the film, even with the landlord's permission. This is not the landlord's to give or

withhold, it belongs to the company. I imagine this is not the answer you want to hear.

If you have an attorney that you have worked with in the past, contact him or her soon. If they do not do this

kind of work, ask for a referral. See a lawyer soon, these situations rarely improve with the passage of time. You

could end up having the film destroyed, and never getting the prints. A lawyer can protect you to the extent

possible.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA


Read more
Answered on 1/24/99, 6:53 pm

Re: Business Closed Contract No Fulfilled

Call me with the exact name of the firm, as you know it,

the photographer or owner's name and home addresses, the

the business addres (with name of landlord as you know it)

and whatever other details you have; we attorneys are

pretty good at doing detective work in legal records.

Did you get proofs, at least?

Congratulations on your marriage.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 1/24/99, 9:37 pm


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