Looking for an attorney for porn consumers

How much did he pay for the custom video? Anything under $2500 can be argued in Small Claims Court and anything beyond that an attorney is going to charge your friend a lot. So the sum he is seeking better be in excess of 10K or more. Is that the case? If not I would sue the producer in their local Small Claims Court BUT your friend will have to appear and if the producer is far away.....just sayin'.

Have luck!

The initial questions to ask:

- was there a written/signed contract exchanged that outlines the script/scenes, specific models to retained, terms of payment, etc.

- in which country/state is the client and the producer located

- what is the approximate amount and currency that your friend seeks returned

The Porn Nerd is correct. The amount you seek to recover will guide your friend as to which approach to take.

Thanks for the responses so far!

My friend paid $5,000. Him and the producer lives in California.

They made the agreement in an email. There is not a signed contract. The producer stated he would film the custom video as directed in the script.

Oops . . .

California adopted the Uniform Electronic Transactions Act. The Act legally establishes that electronic contracts are valid under most circumstances. So email and text communication is allowed.

Small Claims Court is straight forward, has significantly lower filing fees, gets you in front of a judge faster, and requires that both parties represent themselves.

That is cool . . .

Thank you for the information. I will pass it to him. He is the type of person who would hire an attorney regardless due to the nature of the product. I think an attorney would need to explain the concept of custom videos to the judge.

I'm laughing as I write this ...

As long as the chain of communication is clear, and it supports exactly what was requested and ultimately agreed to by both parties, presenting the information to the Judge or Commissioner is very straightforward.

You need to copy/paste into a document, the chain of communication, proof of payment, and screenshots of various scenes from the video clearly do not represent what was agreed to.

Package the complaint with a Affidavit (sworn statement of facts which outline everything from the very beginning to the end) and attach multiple Exhibits (copy of communication, proof of payment, delivery of work product, screenshots from the video). Either you serve the Complaint on the Defendant and file proof of service, hire a process server to do it, or hire the Court Marshall. You're done.

Day of the court: Make sure the electronic device on which the communication played out is on hand, along with original receipts (ie. paper trail showing funding source, bank statements), and access to the full video file.

You are welcome to visit the local public library, and borrow any number of DIY / Dummies Guide to filing and winning in Small Claims Court.

Keeping the above in mind, the easiest way to extract the funds, is write the producer a formal letter, sent USPS Certified Mail with Return Receipt. Give them the option/opportunity to deliver the correct work product or refund the monies paid in full within 15 calendar days. If not, then you reserve the right to post your issues about them in detail on multiple forums such as GFY, and should you win the complaint against them in court, that decision by the Judge is public record, and using the Judgment, you will file a lien against them. Basically shame them. If they don't take you up on the offer, attach the letter and receipts related to sending it Certified, ad part of the Exhibit. It demonstrates that you tried to resolve the matter fairly before filing the complaint.

Either way, good luck.

In California the Small Claims Court handles claims of $10,000 or less. Your friend cannot have an attorney represent him in Small Claims Court. He will have to represent himself.

And judges do not preside over Small Claims Court. It will be an attorney who wants to be a judge. Small Claims are handled by Pro Tem Judges - not real judges.

And he will have to file the Small Claims case in the judicial district where the producer lives.

Send this to your friend - https://www.courts.ca.gov/1008.htm?rdeLocaleAttr=en

$5000 and California ? JACKPOT !

Prime Case for Judge Judy ! Fun day out and get to be on TV ! No Legal Costs at all ! Even if he loses, 'fine' is paid by the TV show

https://www.judgejudy.com/submit_your_case

Win / Win !

Oh wow! I did not know this!!!

Thank you!