What can I do if someone has been paid for a job, and has never done it?

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What can I do if someone has been paid for a job, and has never done it?

Someone has had my car for over 6 months now, and has already been paid to put a new motor in my car. There never was a contract in this whole deal, but it has been over 6 months. Can’t I do something about this?

Asked on May 12, 2009 under Criminal Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Actually, there is a contract, it's just not in writing. The person who has your car gave you a price to put the new motor in your car, you paid that price which means you accepted his terms.  It's a simple contract, but I think it should be enforceable.  The contract doesn't say how long he had to do the work, but in cases like this, the law will add, for you, that the work had to be done in a reasonable time.  What is a reasonable time depends on the nature of the contract, but unless this car is an antique, six months does not sound reasonable here.

You should see a qualified Illinois civil lawyer as soon as possible, and be prepared to show him or her your cancelled check or other proof of payment.  You might be able to take advantage of the Illinois Consumer Fraud Act, and if so, and if you win, you might be able to have the person you're suing pay your attorney's fee.  One place you can look for a qualified lawyer is our website, http://attorneypages.com


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