Legal Question in Consumer Law in Wisconsin

no signed contract

in june i called for a estamit for tent rental. i was told they would send me an estamit. they sent it with a price that i thought was outragus and i did not sign it or send it back. it said to sign it and sent 50% depotit with in one week. i did neather. come the day of the event they showed up with tents and tables. i told them i never sent the contract back and didn't want them. the owner called me and told me i owe them the money, we talked and we agread it was miss commuation on both sides. i apoliged and thought it was over. they they sent me an invioce for the bill, i called, i emailed and they didn't respond. ithought it was over, well today i got the invoice again. i called and emailed and they still do not respond. what should i do? is this herassment? thank you, dan


Asked on 12/06/07, 12:40 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: no signed contract

They can invoice you until hell freezes over, and sure, it's harassment but not the kind a court will do much of anything about. If they turn you over to a collection agency then you can bring the Fair Debt Collection Practices Act to bear on the collector. But the creditor is not covered by the Act, so they can continue to send you invoices.

They likely will not sue because they don't have a signed order or a signed contract, and didn't get a deposit. For these reasons, they are unlikely to sue you, but keep your notes on this handy in the event they take you to small claims court.

Good luck.

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Answered on 12/06/07, 12:45 pm


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