Legal Question in Civil Litigation in Virginia

How long is to long to wait to sue a tattoo shop for not finishing a tattoo after you have already paid for it.


Asked on 8/20/17, 2:35 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Well that's an interesting question because until the deadline (any deadline) is overdue then technically one has not breached an agreement or contract.

First, you should see if the tattoo shop has a written policy on when they agree to finish. And did they have you sign anything when you paid? Was there anything in their posted or written policies or in the agreement about how soon they have to finish?

Second, if not -- which there probably wasn't or you wouldn't be asking -- then send them a written demand (a letter) for them to finish in X days (you will have to go in obviously so ask for a date and time for you to come in).

So if there isn't a deadline, create a deadline by demanding (in writing) that they finish by a certain date.

Otherwise, with no deadline specified, they are really not late or never late.

This may sound superficial, but this is really the way it works in the law. If a date is open-ended, then it is essentially 'when demanded.' So you need to make a demand for them to finish by a certain date.

Only then will they be late if they don't finish by the date demanded.

And then you can sue if they are over-due on that deadline.

This may sound simplistic, but this really is the way the law handles it.

There is no automatic or "off the shelf" deadline.

But as soon as they are late / over-due, you can sue.

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Answered on 8/20/17, 5:48 pm


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