QUESTION

I'm getting sued by a customer who did not pay.

Asked on Oct 07th, 2014 on Business Law - Illinois
More details to this question:
I sand hardwood floors and the customer was not happy with the job. There was no contract and we both ended up just walking away from it with no money changing hands initially. Now she is threatening legal action unless i pay for a new floor to be put in. This was not a new floor i sanded ~50-60 years old. All I want is to get this behind me without paying nearly 700% of what the original job was worth for her to get new flooring.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Not sure what your question is, but whether you get to just "walk away" or not is not up to you; if the woman sues you, you will have to defend the suit.  Based on the facts as you've presented them, you should win, but with no documentation, it may wind up being her word against yours. Incidentally, you say you had no contract.  You had at least two.  The first contract was to sand the woman's floors for an agreed sum of money.  The second contract (or it could be considered a modification of the first) was to settle the dispute you had with your customer who thought  you didn't do a good job - you agreed to give up your claim to be paid for your sanding work in exchange for her agreeing to give up her claims based on your allegedly incompetent services.  Assuming the Court believes that you entered into such a settlement agreement, your customer appears to have no basis to rescind it, and you should win your case.
Answered on Oct 07th, 2014 at 1:27 PM

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