Legal Question in Credit and Debt Law in Illinois

I own a sign business and put up some signs for a business. The business owner paid me half of what we agreed to but now doesn't want to pay me the other half. We have a written contract stating that he would pay me the full amount. I would like to know what my options are at this point. Can I file a mechanic's lien on the business? Can I sue him in court?


Asked on 10/28/09, 4:11 pm

2 Answers from Attorneys
Bradley Sayad Lebow, Malecki & Tasch, LLC

You could definitely sue him based upon breach of contract. A mechanics lien is going to depend on the nature of the signs you put up. ie, are they permanent, etc. 630-571-9000.

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Answered on 11/02/09, 4:19 pm
John Lee John D. Lee and Associates, LLC

Yes, you may sue the business owner and the business in court, and if the amount of the unpaid half of money is less than $10,000, then you would file your lawsuit in Small Claims Court. Small claims are defined as a "Civil action based on...contract for money not in excess of $10,000, exclusive of interest and costs." Illinois Sup. Ct. Rule 281. A corporation cannot file a small claims lawsuit unless it is represented by an attorney.

A small claims lawsuit is filed in the Circuit Court of Cook County, which is divided into six districts. The 1st District is located at: District 1, Richard J. Daley Center, 50 W. Washington, Room 602, Chicago, IL 60602, (312) 603-5031. The District where the Defendant lives, or where the events took place, should be the District in which you file. Filing in the wrong District will result in a transfer to the correct District. Contact the Clerk to determine the proper District to file given the facts of the case.

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Answered on 11/02/09, 4:34 pm


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