Legal Question in Consumer Law in Illinois
I purchased a vaccuum cleaner from a small vaccuum shop in January 2010. When I had problems with it I took it in for repairs. The owner was extremely rude and said without a receipt that there's nothing he can do. If I could find the receipt and it was bought for more than $100 there would be a one year warranty on it; 6 months if less than $100. When I said I wanted to return it he said he would give me $2.00. I did tell him to repair it because I was sure that I could find the receipt, which I did, but when I went to pick it up he said I had to pay $32.95 for a new belt! (because there was $30 in labor charges). I refused to pay the bill. Can he take me to small claims court over this? I just need to know if I have the right to refuse to pay the bill because he is threatening to take me to court for $32.95. I have possession of the vaccuum cleaner. I know this is a small amount of money but it's the principle that I feel lied to and treated extremely poorly by this business owner.
1 Answer from Attorneys
How small was this shop where the owner could not even remember your purchase? Is the "no warranty repairs without a receipt" policy posted? Apparently it was used so you don't have a warranty card from the manufacturer to prove anything. But since it's the same tax year and he most likely had to file (and retain) his ST-1 Illinois ROT tax returns and register tapes, and you know at least the month when you bought it, he should still have a copy of the receipt himself. If he refuses, you can write him a certified letter stating he sold it to you in January, he should remember the sale, the "no warranty work without receipt" was not posted, you'll file a BBB complaint and one with the Attorney General of Illinois Consumer Fraud Division, and see how he reacts. But yes if that's his policy he can still try and sue you -- and even if he says it was not warranted but concocts a story about how you abused the machine.... it will cost him more to file and time and effort to appear in court, and he won't be entitled to legal fees even if he wins, so it may just be a bunch of bluster OR he may just do it on "principle" or has nothing better to do. He sounds like a creep, and lost a customer over a $2.95 piece of rubber (and his precious $20 labor charge).
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