Legal Question in Credit and Debt Law in Maryland

Judgement Filed Without Performance

I signed a contract to purchase replacement windows, with 1/3rd down & balance on completion. Windows aren't installed but window co. has a judgement al;ong with attatchments $ garnishments. I've paid $4750 against $6000 which includes their lawyer fees and interest. There was no time frame in the contract for completion, except reasonible time after permit was issued. No permit is required to do this work in my county. Can I countersue? There has been harrasment & threats.


Asked on 5/30/02, 2:32 pm

2 Answers from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Judgement Filed Without Performance

The harassment and threats are illegal under the Fair Debt Collection Practices Act if they were done by a collection agency, rather than the window company itself.

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Answered on 6/03/02, 3:00 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Judgement Filed Without Performance

You may have a claim that needs to be filed against a bankrupcy filing. If a bankrupcy claim has been filed and you do not perfect an interest in the estate then you may loose altogether.

If you await performance from a company that is otherwise solvent, then your contract dictates over your remedy. Nonetheless, non-workmanlike performance or lack of performance within commercial standards may otherwise avail you of a refund.

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Answered on 6/01/02, 11:47 pm


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