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?
3 Answers from Attorneys
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
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
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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