Legal Question in Business Law in Illinois

Can I be sued for not purchasing something & there's no contract?

I've sold fabric online for the past

year. One of the wholesalers is local.

They widely advertise their

return policy of ''Our policy is to

assure our customers that whatever

we have to do to satisfy them we

will. This includes a ''No Questions

Asked'' Return Policy where a

customer can return whatever was

purchased for full credit or

whatever reason.''

I've always been a walk-in customer

to the warehouse where I always

pay cash for the fabrics I buy. Last

fall I placed several $3000 orders

which they were never able to get

the fabric in for. I purchased

elsewhere. This spring, I selected

fabrics which were supposed to come

in from Je thru Aug. In April, I found

out they were invoicing me for

fabrics I hadn't received and it would

take their reps an hour to fix my acct

each time I went in. I cancelled all

orders (which were on spec only, no

deposit, no signature & I didn't have

to get if I didn't like) & said I would

only buy on a walk-in basis. Now

they are sending me to collections

for $11,000 in fabric I did not pick-

up and threatening to sue. Can they

sue & win?


Asked on 7/11/07, 5:30 pm

1 Answer from Attorneys
Noelle Ansley Noelle Ansley

Re: Can I be sued for not purchasing something & there's no contract?

Anyone can sue you for anything. Whether or not the claim has merit is something that will be determined based on a number of factors, one of which is the facts of the situation. If you believe you had no obligation to purchase the fabrics they ordered for you and that you should not have been sent to collections, you can always sue first seeking a declaratory judgment saying you did not have to buy the fabric and therefore owe them nothing and should not be in collections. Then you let a judge decide who's right after hearing all the facts.

Read more
Answered on 7/12/07, 12:45 pm


Related Questions & Answers

More Business Law questions and answers in Illinois