Legal Question in Business Law in Illinois

Litigation Threatened

I was starting a small business and checked into a company that would provide a credit card machine, web site, assistance and low fees.I signed an agreement and after I finally receiving the equipment they sent another agreement saying I needed to sign it.Stupidly, I did.After less than a month I returned all the equipment with a letter dated July 13, 2004 stating they did not honor the contract and I did not want to do business with them and canceled all transactions at my bank.I told them not to attempt to contact me by any media either by telephone, hard copy, electronic or U.S. Mail.If they did, I told them I would consider it harassment & file a suit against the.(Just talk.)I did not hear anything from them until last night when an investigator called & said I had to pay $1800 some dollars by December 24, 2004 or face litigation, legal fees, etc. Please help.


Asked on 12/07/04, 5:38 pm

3 Answers from Attorneys
Moses Williams Moses E. Williams, Attorney at Law

Re: Litigation Threatened

I can review the agreements you signed. I could then provide you with meaningful assistance. The company may not honor your request that they not communicate with you. You should chronologically organize your documents so we can review them together. I look forward to working with you on this case.

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Answered on 12/08/04, 8:28 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Litigation Threatened

Without reviewing your documents, it is not realistic to expect any meaningful advice. Anyone who can pay the filing fee and costs can sue another.

I suggest you re-read Mr. Gonzales' reply. Also, do consult with competent counsel.

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Answered on 12/08/04, 6:16 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Litigation Threatened

Without reviewing the agreements you voluntarily signed or knowing the basis for your unilateral termination of the agreements or the basis for the $1800 claim against you, there is no way that I can provide you with any meaningful guidance. Your threat to retaliate with a lawsuit if the company tried to communicate with you is silly and has no viable legal or factual basis based on the information you have provided. I suggest you compile and organize all the documents you have relating to this matter and meet with an attorney. Alternatively, you can try to negotiate a resolution involving the payment of a reduced amount in exchange for a full and final general release releasing you from any and all claims and liability associated with your business with the bad company. Otherwise, be prepared to pay an attorney $1500 for the first 4 or 5 hours of work on this matter. Good luck.

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Answered on 12/07/04, 10:47 pm


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