Can my tattoo artist get into legal trouble for this?
So back in May I was supposed to get a tattoo from my artist, I had already paid him the security deposit and the day of the appointment, he asked me if I just wanted to send him the rest, which I did. Now I’m realizing that was dumb of me, but he is my go-to artist (or was, lol) and I’ve never had this issue before so I had no reason to think this time was any different. Well he ended up flaking because something came up. Since then he’s been messaging me and asking when I’m available then just leave me on read when I tell him. He’s done this so many times and it’s been almost 3 MONTHS and I still haven’t even gotten an appointment DATE. So my question is, can he get into any legal trouble for this? I have all the screenshots of everything too.
To be honest I don’t even want to get him into trouble, I just want to threaten him a bit so he’ll get on with it or refund me or SOMETHING. And I know security deposits are non-refundable, but what if it’s your tattoo artist that isn’t cooperating? Idk just wanna know my facts first before I start threatening lol
- Anonymous4 months ago
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- kelvinLv 76 months ago
you might need to take this too small claims court
- Anonymous6 months ago
You should find the higher ups in the company if there are any, and tell them about it. You won't be able to get him in trouble/get your money back if he's an independent worker, the cops wouldn't care. But I feel like if he's officially employed at a shop, there has to be something that can be done by someone higher up than him. They SHOULD care, at least. Good luck
- LauraLv 76 months ago
He can get in legal trouble, but how much trouble he gets in really depends on the laws of your state and if it is legal for tattoo shops to be open right now.
All you can do is go to the cops and press charges, and take him to small claims court. Then he can tell the judge that he has been trying to contact you and trying to reach out, which is true because you have the screenshots to prove it, then the judge will laugh and tell you to go away because nobody should be concerned about getting a tattoo in a global health crisis. That is, if you get in to see the judge in the next 6 months. Courts are backed up because they were closed for a few weeks, there is almost no chance that you will see a judge for something this small in less than 6 months.
So there isn't much you can do, other than get that legal process started by calling the police and pressing charges. Once you do that though, he legally cannot finish your tattoo or continue any conversation about it with you, because that would be compromising the case and then the judge couldn't legally have any say on the matter.
Your best bet to get a refund is to ask nicely. "Hey, I know things have been crazy with the pandemic messing with your tattoo schedule, but I've realized that I shouldn't be getting a tattoo when so many people are out and sick. Would it be possible to get a refund?" Then see what they say. If you ask nicely and don't blame them there is a good chance they will apologize and offer you the next available time they have, or get the refund without much fuss.
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- Anonymous6 months ago
Right now, a lot of Tattoo Parlors are still closed. So, he did not send you a receipt? On either payment? That is your mistake right there.. You should have demanded receipts, so if he is trying to get out of paying you, YOU have the proof.
NEVER PRE-PAY FOR ANYTHING, EVER. You should have never have given him the second payment. There is no legal trouble here, it was just a verbal agreement. So.....call him, and ask him when he is going back to work, if not, tell him you changed your mind on the tattoo, and you want your money back. If he says he does not have it, then you can contact a lawyer, and see if it is possible to take this to a small claims court... But you may lose your case, because it is a HE SAID, SHE SAID, case. That means he is a "RIPOFF" artist, as well as a nasty TAT artist.
- myfavouritelucyLv 76 months ago
How the hell could you have a tattoo done in the middle of a global pandemic?????
- Mr. SmartypantsLv 76 months ago
A 'tattoo artist' MAY be an artist, but he is really a businessman. He has to follow the law just like any other businessman, and that means not charging for work he hasn't done.
The promises he made to you are a -contract-, even if they weren't written down. This is a 'verbal contract', and it's just as valid as if it had been written down and signed and notarized. The usual problem with verbal contracts is that people can't prove promises that were made, but in this case you can.
So what you have to do is to threaten to take him to small claims court (and do it, if that's necessary). This means you send him a letter, called a 'demand letter'. You tell him what the contract between you is, as you see it. You tell him you expect a refund for the portion of work not done by xx/xx/xx date (at least 30 days in the future) OR you want him to get in contact with you and both of you will agree on a definite schedule that works for both of you. IF NOT, you will be forced to file a claim against him in small claims court.
As I understand it, the money you paid him is not a 'security deposit', it's pre-payment for work you expected to be done. Unless he said outright that it was non-refundable, and you agreed, it's refundable. (And if you did, then you'll be smarter next time!)