Photographing a defendant (small claims court)

[mitchelt]

I am suing a contractor in small claims court, the Sheriff was not able to serve the defendant, because the contractors work address is the parents home and they obvioulsy would not help.

I am going to hire a private serving company, I was wondering if it is ok to take a photo of the defendant to give to the process serving company so they know what he looks like and cannot be fooled by the contractor?

The camera has a 1500mm zoom, so I am not at risk of being seen by the defendant, I just wanted to know if it's legal.

Thanks,

Mitch

 

[isekii]

i think photo's taken at a public place is legal no ?

 

[NogginBoink]

The P.I. you hire would probably know more about that than we would.

But if you want a definitive answer, call a lawyer.

 

[AlienCraft]

Originally posted by: mitchelt
I am suing a contractor in small claims court, the Sheriff was not able to serve the defendant, because the contractors work address is the parents home and they obvioulsy would not help.

I am going to hire a private serving company, I was wondering if it is ok to take a photo of the defendant to give to the process serving company so they know what he looks like and cannot be fooled by the contractor?

The camera has a 1500mm zoom, so I am not at risk of being seen by the defendant, I just wanted to know if it's legal.

Thanks,

Mitch

Yes. Take the photo while he is in public, on the street.
No one has a reasonable right to "privacy" while in public.

 

[HomeBrewerDude]

its legal.

 

[mitchelt]

Thanks everyone for the responses!

I know the best thing to do is contact an lawyer, but you would be suprised how often you guys are correct! Ha!!

I thought it would be legal, just wanted to know others opinion.

Thanks!

Mitch

 

[astroview]

I'm thinking the same thing, if its in public its legit.
I hope you guys settle to save cash and trouble.

 

[NogginBoink]

To the best of my knowledge as well, it is legal.

However, in this particular case, it's possible (though probably unlikely) that some exception might come into play, such as stalking laws.

It sounds ridiculous, but this is the U.S. legal system we're talking about here!

 

[Jeff7181]

You could walk right up to him and take a picture 6 feet from his face if he's in public. Don't need a zoom lense, don't need to be sneaky unless you think he won't want his picture taken.

*EDIT* Better yet, get a nice lookin foreign girl to walk up to him and ask to have her picture taken with him, lol.

 

[Doggiedog]

What did your contractor do? I am thinking of suing my contractor as well. Bastard said the project would take 2 weeks. Well, its 11 weeks and counting now.

 

[Lucky]

Since you are using such an extremely long lens (what kind of lens/camera is it?) there are other consideration. Ordinarily, if someone is in a public place, you can take pictures of them. Hell, even if they are in a private place and you are shooting from public property with equipment capturing what can be seen to the human eye, that's OK. However, if you are across the street, and use a 1500mm lens to peer through a slightly open living room window to take a picture of the guy, that's NOT ok. I hope this makes sense.

 

[mitchelt]

He ruined my kitchen cabinets and walked off the job half way through, he was hired to refinish them.

The photos will be taken outside, I will NOT be spying into his house.

 

[AlienCraft]

Originally posted by: mitchelt
He ruined my kitchen cabinets and walked off the job half way through, he was hired to refinish them.

The photos will be taken outside, I will NOT be spying into his house.

You didn't pay him all up front did you?

 

[KK]

Where did you get a 1500mm zoom?

Anyone here about the couple making out in public and someone photographed them. Something about the photographer being sued for some sort of privacy issue.

KK

 

[mitchelt]

I paid him half, $700. But the cabinets are now ruined and verified by 2 pro's.

He is being sued for $5500+ , small claims has a limit of $7500.

The lens, perhaps I should be a little more clear on that:

My Canon 2100UZ has an optical stabilized 10x zoom, +2.7x digital zoom, and I have the Olympus A200 1.5X converter, so:

"380mm optical" X "2.7 Digital" X "1.5X" = 1539mm

As long as I use my mini-tripod, the photo comes out pretty good, considering I am a block away, my test photos came out well enough that a blind person can easily see the persons face. I also brought the photos into Photoshop for some tweaking. I would not frame and place the photo on the wall, but for the process servers use, it will work great.

 

[AlienCraft]

Originally posted by: mitchelt
I paid him half, $700. But the cabinets are now ruined and verified by 2 pro's.

He is being sued for $5500+ , small claims has a limit of $7500.

The lens, perhaps I should be a little more clear on that:

My Canon 2100UZ has an optical stabilized 10x zoom, +2.7x digital zoom, and I have the Olympus A200 1.5X converter, so:

"380mm optical" X "2.7 Digital" X "1.5X" = 1539mm

As long as I use my mini-tripod, the photo comes out pretty good, considering I am a block away, my test photos came out well enough that a blind person can easily see the persons face. I also brought the photos into Photoshop for some tweaking. I would not frame and place the photo on the wall, but for the process servers use, it will work great.

I assume the $5500+ is what the actual cost of getting cabinets repaired to resume the work and your $700.00 advance represents, right?
You can often times only sue for actual damages and not the Contracted work that was subsequently done by someone else.
Depends on State Law. and circumstances and Judge.

BTW, is the guy a licensed contractor and business? There may be other ways to exact retribution... uh revenge.... uh recovery... that's it RECOVERY!.
Sorry, I hope you get square with this... <Gratuitous Contractor Joke.....

 

[mitchelt]

The $5500 is comprised of:

- exact replacement cabinets (we will actually be buying nicer ones)
- cabinet install
- court costs
- paint, and faux finish touch up to fix the areas where the stain dripped

He presented himself as a licensed contractor, and his card says, XXXXXXXXXXX Painting, Inc.

I have a letter from the secretary of state that proves he is not licensed, and the city he lists as his business address also sent me a letter that this company/individual does not a license. I am sure the Judge will love hearing that.

We are suing him as an individual per the courts recommendation, so now his personal assets are up for grabs.

I am not looking to get rich, I just think he should pay to restore the kitchen back to it's original condition, nothing more or less.

 

[AlienCraft]

I would be interested in how this turns out, if you'll remember to update us.
Good luck.

 

[mitchelt]

The court date is Agg 14th, I will be sure to start a new thread to update everyone as to what happened.

 

[Doggiedog]

Originally posted by: mitchelt
The $5500 is comprised of:

- exact replacement cabinets (we will actually be buying nicer ones)
- cabinet install
- court costs
- paint, and faux finish touch up to fix the areas where the stain dripped

He presented himself as a licensed contractor, and his card says, XXXXXXXXXXX Painting, Inc.

I have a letter from the secretary of state that proves he is not licensed, and the city he lists as his business address also sent me a letter that this company/individual does not a license. I am sure the Judge will love hearing that.

We are suing him as an individual per the courts recommendation, so now his personal assets are up for grabs.

I am not looking to get rich, I just think he should pay to restore the kitchen back to it's original condition, nothing more or less.

Good luck! Go get his ass! I just don't understand how these guys think they can get away with this. Fortunately, my contractor isn't fully paid and I will make him get everything finished and will not pay him as he promised me 2 weeks not 2 months+.

 

[mcveigh]

keep us updated!