Legal Question in Consumer Law in Illinois

We want to do something with our yard, so a landscape company was called. However, the landscape company then drew a plan then sent us an estimate of cost. We don't like the plan, and the cost is over the budget we told them. So, the deal is broken.

Later we got a $500 bill from them for "design fee". We don't have any oral or written agreement about it, so we rejected to pay.

Now we received a letter from their attorney, saying there is an so called expression or implied agreement. He will file to court if we don't pay.

Do we need to settle with the landscape company? We don't like the drawing plan (they didn't listen what we want), and we will never use it at all.

What should we do?

Lala an Allen


Asked on 4/25/12, 12:45 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

From the facts you provide, it does not appear they have that great of a case. Unfortunately, this really has no bearing on whether or not they will sue you. If they do, they will have to pay their attorney, and without a written agreement, you will not be responsible for their attorneys fees even if they win, though you may need to pay court costs if they win which vary based on county, but are usually around $200. Even if they do sue, they will need prove that you owe them, which I think would be difficult. You will need to respond as required by the documents you receive if they sue you.

One question: Did the letter contain all of the Fair Debt Collection Practices Act language (you can search for this on the Internet, but "this is an effort to collect a debt, you can ask to verify the creditor, etc., etc.)? If not, YOU might have a claim against the attorney. Which could be fun.

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Answered on 4/26/12, 10:27 am


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