My wedding photographer backed out and won't give me my engagement photos!?

My wedding is in 2.5 months. It's an out of state wedding & the photographer isn't from the same state. He did my engagement shots in Dec & told me I'd have them back in 2-3 weeks. I got an email from him in Feb.saying he was having problems with the lab. I thought he was using a digital camera. I emailed him mid-march & rec'd a phone call from him 2 weeks later, saying that his wife was in a car accident & didn't know if he could still do my wedding. I let him know I was okay w/ it if he couldn't, since family does come first (but I also know that car accidents rarely cause pregnancy complications- I'm a bodily injury adjuster who deals with injuries from car accidents all the time). He was supposed to contact me back in 2-3 days ; I heard from him via email a week later saying he couldn't photograph my wedding. I asked about my engagement shots again and still have no response from him. The contract signed is governed by a diff state than the 1 I reside in. How do I get him

to give my engagement photos? Oh, and supposedly, the deposit I gave him is non-refundable, but since he's the one that backed out due to family obligations, I think he still owes it to me, though I'd be willing to overlook the deposit if he would simply give me my engagement photos. I have reread the contract & it does not mention engagement shots specifically.
I tried to call him tonight but surprise! (not really)- I got voicemail. He has been playing the avoidance game for the past few months.
The reason I am so insistent on these photos is b.c. my fiance is in the military and my soon to be stepdaughter was in the photos w/ us. Those were our first photos as a family together, and the next time we spend xmas together, or any time as a family, won't be until after my fiance comes back from Iraq in 2010!

First, write him a letter and make a copy of it. I would tell him that you have tried in good faith to get your engagement photos from him and you also have been very understanding about his breaking his contract with you. In return for breaking the contract, you want your deposit back and your engagement photos. You want to let him know that you are contacting the BBB in his state, the attorney general in your state and his and the local television stations in his area if you don't receive your photos and deposit by X date. Then I would follow through and file with the BBB, both attorney generals and the local tv stations. If it's one thing businesses hate it's open cases with the BBB and bad press on tv. Most stations have someone that helps viewers when they have had problems with a company in the area. All of this can be done from where you live.

Good luck and let me know how it goes!

Threaten him with a lawyer next time you call and leave a message. And also mention the poor recommendation you will be giving out about him because of his poor professionalism. Tell him he needs to keep his end of the bargin by giving you your engagement pics.

When you paid him the deposit, you should have signed a contract. As long as you have that, you can file a case in court.

Good luck, I'm sorry this happened to you!

Send him a professional letter stating that you are going to report him to the Better Business Bureau in your community. Then do it.

Three words SUE SUE SUE

Take him to small claims court.

I think you can kiss your engagement pictures good by - he probably lost the digital memory - so go to plan "B" whatever that is. Now it is time to get your deposit back. I hope you have saved or at least documented the above interactions. I am assuming that you are getting married in that other state because you have family there - now would be a good time to tap their resources. Ask them to check the local laws for small claims court and file your claim there in his town. (Some states will let you do this by letter - some make you appear in person - in which case you will have to have that relative act as your agent). Now get on line and write review of his service any place you can - including the BBB (which has no real power, but may help someone checking him out). This is not a licensed field so you have no real recourse except in court - and small claims court is made for the little guy - so do it.

well i would have someone you know.. maybe your dad call and say they are a lawyer represtenting you and that you about to sue him but would like to give him the oppertunity to handle this out of court.. demanding your photos and your deposit.. I think that will do the trick if not call a real laywer... ps I was in an accident and i ended up loosing my baby... never say never cause it happens. but one has nothing to do with the other as far as the photos and deposit goes.. do not agree to let him do your wedding if he offers cause most likely he will not show up.. then you would be screwed...

Tell him your very sorry for his wife. You've given him enough time. Tell him you either want the pictures or the money back. We all understand how things affect one another. I feel bad for his wife, really do but, business is business. Try and get another photogropher. It seems that his personal life is affecting his business. If he was having problems with your pics obviously he can't work for your wedding. I hope not, but he could be using something as an excuse to get out of giving you your pictures. Why, I don't know. best of luck sweety and congrats on your soon to be wedding. Care Bear