Legal Question in Civil Litigation in Illinois
work not completed
Almost a year ago I verbally agreed to have my motorcycle repaired by an friend. He had just move back into town and needed something to do. I gave him $700 cash and didn't ask for a reciept, but do have a witness. New parts were more money than I wanted to spend and he said he could buy a used motorcycle from someone and use its parts for mine. I was to get the clear title to the used bike. A year later he has never repaired the bike, I've never gotten a title to the used parts bike. Both now sit in a
garage torn into pieces, I haven't looked at them. Can I take the ''friend'' to small claims court to get my $700 back? Should I send him a registered letter stating what I'm going to do? Or am I just out of luck. I can't think that he will repair it anyway onceI tell him of possible litigation, but I don't think he intends to repair it in the first place. Thanks
4 Answers from Attorneys
Re: work not completed
You mauy certainly take your "friend" to court. But, you will be throwing good money after bad. It will cost you about $300 to file a lawsuit and then you will have to appear in court several times (taking time off from work) and then the aggravation of having to comply with various court rules and technicalities.
Even if (and that is a big if) you are successful in the end and are able to get a judgment against him, how are you going to collect it?
Collecting on a judgment form a person who doesn't have much to lose is like spitting in the wind. You will be spinning your wheels for years to be able to garnish his wages and even then, at a minimal rate... you will be at this for years.
My advice: forget it. Learn your lesson and next time give your belongings to someone who you KNOW will be able to take care of them. You learned an expensive lesson--don't throw good money after bad.
My 2 cents,
Taradji Law Offices
Re: work not completed
You can take him to small claims.
Re: work not completed
Take him to court. Have the witness there.
Re: work not completed
I would recommend that you first send him a formal demand letter (send it by certified mail to ensure he received it) in which you state 1.) what he promised to do, 2.) when he promised to do it, 3.) the amount you paid him for his anticipated work, and 4.) a deadline by which he must make good on the verbal agreement. Also state in the letter that if he does not perform, you will have no choice but to take him to court. You should not need a lawyer for this, it's pretty easy to do on your own.
Too bad you're not in the Chicago area, as I've got a stellar motorcycle mechanic who's got a very cheap hourly rate and makes house calls. Contact me if you'd like him to come downstate.
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