Legal Question in Consumer Law in Illinois

In January of 2009, I asked a cover artist to design a custom cover for me. He agreed to do it. There were no contracts but the first installment was paid via paypal by his invoice with description (deposit). I have paid in full for something that I have in an email was promised to me within 2 weeks, I was enthusiastic enough with his work that I was planning to pay him more. The artist has been very unresponsive to me, blowing me off left and right, and not even 25% finished with the work. He has blown me off or rescheduled several times. The first deadline we agreed on was May of 2009, and he has been wishy washy with me since. The last time we met was in June, and it was after we had a very long argument on the phone where he apologized profusely and promised to be more on the ball. We agreed again to meet in July, at which time the front cover would be done (then we would move on to the back cover). In July he blew me off and said that he had an important meeting, and I saw that he was screwing around on facebook all night that very night. I told him we need to meet again in 10 days, and he did not comply. So, I sent him an email, a text message, and a paypal invoice for me refund.

Now I would like to know the logistics of my case in small claims court. I know there was not a formal contract but there was an agreement via email and I'm sure I can get the records of paying an invoice from this person for the first deposit almost 2 years ago. Is it going to hold up in court?

And I have never been to small claims court. How should I go about it?

Thanks.


Asked on 9/13/10, 12:33 pm

1 Answer from Attorneys
Stephen Messutta

Start w the small claims personnel - they can be very helpful, but if not it's on to the law library or other resource. Explaining how to prepare, file, proceed with, try and then collect on a lawsuit is too much for this site. But you do not need a "one page contract" to sue - you do seem to have enough to "piece together" and allege the contractual arrangements so that a judge will be able to determine what you were entitled to contractually, what you paid, what the artist did or didn't do, and what you should be awarded for your troubles.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 9/18/10, 12:50 pm


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