Legal Question in Consumer Law in Illinois

Falsely seeking collection

Can a business seek payment from us for services they did not provide? We had a verbal agreement we would purchase wood flooring from them at their cost. We also agreed that to a $1000.00 for installation. We told them that they had a week to get the floors installed. We wrote a $400.00 check as a down payment for installation. 4 Days into the project he told us the wood was at 6.2% moisture content and it would be 3 days to a week or more before he would be able to install it. The next day he said he would install it the following day. The following day he asked us to sign a contract absolving him of all liability for improperly installed floors. We refused and fired him because he did not get it done within the week. We cancelled our check. Now they are billing us for profit, freight charges, and delivery ($499.00) We asked for invoices many times before we fired him but never received them. We also found out that the wood could have and should have been installed when it was at 6.2% via the National wood floor association, the distributor, and the manufacturer; he failed to do it. Are we liable for any or part of the $499 they are billing us? We had no contract and nothing in writing; it was all verbally agreed.


Asked on 7/05/05, 10:54 am

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Falsely seeking collection

To begin with the company can seek payment from you but that does not mean they have a legal right to be paid. Based on what you said in your post I do not see a judg ruling in favor of the business. However, stranger things have happened. I am curious as to what kind of business would not use a written contract in the ordinary course of business.

By advice is do not pay and see what the company does.

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Answered on 7/05/05, 11:13 am


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