Legal Question in Civil Litigation in Virginia

I have a written contract between myself and the prospective bride and groom. The contract clearly states "once the date and time is reserved nad booked by the photographer, if the wedding date is changed, postponed or cancelled by the prospective bride and groom, the 50% deposit is not returned by the photographer." The groom gave the photographer a bogus credit card number, then promised to send a check for the deposit. When I (as the photographer) called the groom to ask about the check being mailed for the deposit, the prospective groom informed me that the wedding was off. When I informed the groom the deposit was still required, he stated, "take me to court, I don't have the money." Should I take the prospective groom and bride to civil court to get this money? Also, I had a potential art show that I could have signed up to attend on the same weekend as the weekend. However, I didn't attend the show because I had booked the wedding. At this late date, the show is full and I can't get in. If I take them to civil court, can I also take information about this show and potential earnings be counted as lost wages for that weekend due to the wedding? Or, should I just try and sue for breach of contract for just the deposit money.


Asked on 8/13/10, 8:24 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you can sue these alleged breachers for up to $5K in small claims court for

your damages. Your claim for consequential damages(potential earnings from art show) arising from the breach would probably be disallowed but if your damages for the breach do not amount to $5K, there would be no harm including these also (for psychological effect if nothing more) as further inducement for the defendant to settle.

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Answered on 8/18/10, 9:48 am


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