Legal Question in Credit and Debt Law in Illinois
Non payment for serv ices
Made a verbal agreement with individual to paint home for a reasonable fee. He completed job and paid individual. Couple days after paying -- noticed that I could not open windows. He had painted them shut. I called him to inform and to ask to come over and get the windows open. He did not return my phone. I stop payment on check. 4 weeks later he calls and leaves message that he just got around to answering call and that windows should open when it gets hot. It has been hot. I don't return his call. He calls again and leaves message asking why did I stop payment on check. I hired another individual to get my windows open. What is my recourse. I don't like paying individuals for services but I had to pay someone else to fix what he did not do. He's calling me now to say that he is going to report me to the police department. I'm not sure what they would do. I should go ahead and give him what we verbally agreed but that doesn't seem fair.
1 Answer from Attorneys
Re: Non payment for serv ices
It would seem that your only complaint with the first painter is that he painted your windows shut. You do not seem to have a complaint with the way he painted the rest of the house. Therefore the painter is entitled to a portion of the money that you paid him. How much did the second guy charge you to get the windows open? I would give the first painter an invoice showing what the second person charged and deduct that amount from the first painters bill.
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