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Lawsuit Related to Prints
• lawsuit related to prints
 
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MOMOKO said
at 2:09pm on March 6th, 2008
I am getting sued by my former client. I don't want to go through hiring a lawyer and all, so I want to pay him the amount he wants, $500, via PayPal.

The court hearing is scheduled on March 12th, next Wednesday. I don't want to go. I just want to close this by paying him $500. I think that he just wants to abuse me and take money from me, but that's fine. I don't want any relation with him.

I am afraid that he will still go to court hearing and since I will be absent he will make the case bigger than it is and try to get more money out of me.

Does anyone have any idea on what I should do? I have no experience in court matters as this is the first time I am getting sued.
 
Christina Lawson said
at 4:45pm on March 6th, 2008
What is the suit in regards to?
 
MOMOKO said
at 6:03pm on March 6th, 2008
Since it is a very complex and long story that would be pages after pages of writing, which I don't really have time to write such a complex story. I really cannot compress the story. I think it is related to fading of prints that was printed by HP printer by some printing service for photographers. Depending on what type of papers the printer is using, the photographs fade very quickly.

I am calling some of my local lawyer friends to handle this, but no one has returned my call yet.

A large portion of prints on market fade in color. Even those who claim to be giclee prints can fade, but interestingly some of prints last much longer. It has to do with paper and ink they use.

I now believe that prints that fade and turn into greenish after several months are not worth selling or buying. Not that I sold bad prints in this lawsuit.

I think this former client of mine is upset because his photographs faded after three months and wants to blame me for it because he is upset.
 
Cesar Garcia said
at 6:22pm on March 6th, 2008
Momoko,

A while back I had the same scare about fading inks. My best advice is to purchase your own printer and only use Archival inks and Epson paper. These inks are guarenteed up to 80 to 100 years and if they fade....I'll pushing daisies!!

I can give you my distributer in North Carolina, they are good..."All Square Technologies." 1 888 286-8801
ASk for: Jim Robbins...best people and prices in Southern US. to take care of you.

Good luck!!! I feel for your problem!


 
Abstract Art By Sharon Cummings said
at 6:28pm on March 6th, 2008
Yes, to avoid this in the future, you re better off buying your own printer.

I use an HP Designjet and when I bought it, I was told by a lot of people to ONLY use HP paper and HP ink. And that is exactly what I do.

I never skimp or try to make a few extra bucks off of my collectors. I use the best quality....The ink and paper that go with my printer. HP guarantees them to last for generations.

Whatever printer you buy, use their ink and paper and you will be happy. :)
 
MOMOKO said
at 6:55pm on March 6th, 2008
Thanks, guys.

The photographer ordered a whole bunch of prints from elsewhere and sent them to me. They were claimed to be HP printer with HP ink. So I never thought they would fade in three months.

My job was to varnish them with epoxy resin. But I had an accident in September 2007 and decided I could do them. He found another service that does resin coating. I mailed those prints to the other place in a different city so they could take over the varnishing. They went ahead and varnished them, but when the varnished products arrived, some of them were faded. He said it was my fault that they had faded parts. I kept the photos in my home where there's no direct sun light. I even put a tissue paper on them as they were all large photos and I didn't want to roll them. I don't know if the fading was related to the cardboard type of paper just so the photos would stay flat. then on top of the pile of photos I put a white tissue paper so dust don't get onto the photo no top.

And they still faded! He got so enraged, so I sent him $200. I spoke with the president of the company that does resin coating and he said he would redo them if the client isn't happy. So I thought it's not only my fault that the faded photos got varnished. So I paid $200 which is much more than enough to reprint 2 photos that were badly faded.

At that point he was sending me emails EVERY DAY complaining about this and that, and said that it was unprofessional of me to have spoken to the other resin guy. This is also a racism crap. Both my former client and the resin guy are both Jews, and he yelled at me, telling me that I spoke to "HIS" PEOPLE without his permission! He wants to defend the resin guy because I am a non-Jew. Why do I need someone's permission to speak to anyone? Besides, the resin guy said his company will redo them, then why am I paying $700?

First of all, he has been selling photos for years and he should know the quality of prints. But he is so cheap that he always use cheap printing resources. He is asking his clients fine art prices for the cheap poster quality photos that turn into something else very quickly.

I think it is stupid of him to print that many large photos and varnish with resin without evaluating the quality of prints. And I really think that people who printed those photos are responsible for the damage especially when they were claiming high quality.

So this whole thing is a shit. Thank you for reading my crap.
 
MOMOKO said
at 7:04pm on March 6th, 2008
I also varnished a photo for a different photographer and he said the varnished photo has not changed in color. It has been more than a year since I varnished that one.

His print is "lightjet." Lightjet is a digital photo printed on photographic paper...as close as you can get to the old cibachromes, which are known for long lasting colors...

This photographer prints only the best quality prints, and he doesn't go cheap.

Now I am learning...
 
ART By IRIS said
at 8:28pm on March 6th, 2008
Momoko, what a terrible story!!! this is terrible, I'm so sorry you have to go through this! I don't quite understand it doesn't make any sense to me, why do you have to pay all this money when you didn't do ANY work, I don't understand this at all!

However, regarding the varnishing and the prints: you know all those spray varnishes have a warning on them, that if you spread too much it will lighten the picture. It's not that the color has faded, it's that they either used the wrong type of varnish or used too much. I know this from experience. I have this spray varnish/fixative, it's basically meant for drawings, so that the pencil won't smear or charcoal and pastel rub off. I tried to use it over a print, and that's exactly what happened to the print, it became all light in color and looked faded. I meant to send this print that I made as a Holiday card, but kept it instead, it's still hanging on my refrigerator, and I made a new one which I didn't spray-varnish, to send... It's important to use the correct kind of varnish for the media. I am holding in my hand a Krylon varnish, it says on the package: "excessive multiple coats may appear whitish, like frosted glass". This is probably what happened there. I don't think you have ANY REASON to fear, or pay even one $!!! If that guy threatens to sue you tell him go ahead. you can explain everything in court and the judge will be on your side. I don't know all the details of the transaction, but you can explain to the judge you already paid money back, which you shouldn't have even done... it wasn't your fault and nothing you did wrong.... I don't understand it at all... you said he had the resin done in the other place, so he paid them? so why did you have to give him money back, and why is he suing you, you told him you can't do the job, I don't get it. Anyway, don't be afraid of this guy, it all seems very odd to me. Being Jewish has nothing to do with it. YOU have nothing to do with it. It's obviously the reason this happened is the varnish guy used the wrong materials for the kind of print. You say he was willing to redo it, so what's the problem? why doesn't that guy simply have it redone?? It seems to me you just happened to deal with a psychopath, that's all, and you let that psycho scare you.... don't be afraid. Tell him you will sue him for harassment if he doesn't leave you alone, be professional and tell him what the other guy said, he can redo the prints - but tell him to make sure it's good quality prints or else you're not responsible. Talk to the varnish guy also and let him know of the problem with the varnish he used and that he should be more careful. Or else, just tell that guy to go to hell, and don't be afraid.... even Jewish guys don't have that much free time to waste over nonsense.... he's probably cheap, and he's trying to get as much as he can off of you... I don't know what he paid you initially, but I'm sure he can't sue you for no $500.... Don't you dare pay him anything through PP, you hear?
Since there is a court hearing, you may as well go, and you will see, the judge will laugh at his face....
Good luck!

p.s., I'm Jewish too... there are psychos in any religion...
 
MOMOKO said
at 8:33pm on March 6th, 2008
Oh, my God... I spoke with a friend of mine who is an attorney about my case. He thinks that my former client is a typical bully that sues people.

Anyway, he suggested that it may be a good idea to find out who printed the photos. I used the UPS tracking number and called UPS to find out where the prints came from.

Guess what! It came from postersigns.com !!!!! There's a customer service phone number and I called up and found out the following:

I said I want to print photos on glossy photo papers, 20x30 quantity of 10. I want a quote and also need to know what printer they use. She said for that printing jobs they use HP. I said, "can you give me the model number of that printer?" She said, "I can't give you that information." When I asked if they use HP ink, she said, "I can't give you that information."

You can go www.postersigns.com and clearly see that he used a cheap shady printer that is rather specialized in POSTERS!!!!!!!!!

My lawyer friend thinks I should go to the court hearing and explain to the judge as all this happened and there's a good chance that I don't have to pay the $500.
 
ART By IRIS said
at 8:56pm on March 6th, 2008
Momoko, that even adds to it, and you see, the lawyer says exactly what I said. You won't have to pay one penny, and you can even tell the judge he harassed you and you are thinking of suing him for that!