What is the name of your state (only U.S. law)? Illinois
I found a lawn service company on craigslist where they advertised rates of as low as $18/week (I have a copy of the ad as proof). A guy came and gave me a verbal quote for $24 per cut. I was billed monthly for $98 (4 cuts) and always paid on time. After 2-3 months of service, they failed to show up due to rain. I called to say that although I know it rained, they could have come 2-3 days later to make up for it, like the other services in the area. The 'Accounts' guys basically yelled at me, swore and told me that 1) I signed up for MONTHLY service (not per cut) 2) rain is act of god and they will not come 3) I need to pay whether they come or not, they will not make reasonable effort to make up missed cuts. I informed him this is unacceptable and that I never agreed to these terms, after which he proceeded to yell some more and said he will cancel my account, after service for 1 week in August.
Few weeks later, I get a bill for $120 for entire month of August. I sent him a check for $24 as he only cut for 1 week in Aug - and noted "final payment" on check.
Month later, I get another bill for $98 plus $10 late fees with a note that if I don't pay up, he will place a lien.
My questions are: does he have legal right to place a lien on my property? From what I read, lawn service does not improve value of the property so it does not apply. Can he collect even though there was never a written nor oral agreement from me to pay for monthly service, no matter whether he shows or not, and on top to impose late charges to which I never agreed to?
I'm thinking his threats are empty, but wanted to see where I stand. If he does place a lien, can I request he proves there was a contract?
I found a lawn service company on craigslist where they advertised rates of as low as $18/week (I have a copy of the ad as proof). A guy came and gave me a verbal quote for $24 per cut. I was billed monthly for $98 (4 cuts) and always paid on time. After 2-3 months of service, they failed to show up due to rain. I called to say that although I know it rained, they could have come 2-3 days later to make up for it, like the other services in the area. The 'Accounts' guys basically yelled at me, swore and told me that 1) I signed up for MONTHLY service (not per cut) 2) rain is act of god and they will not come 3) I need to pay whether they come or not, they will not make reasonable effort to make up missed cuts. I informed him this is unacceptable and that I never agreed to these terms, after which he proceeded to yell some more and said he will cancel my account, after service for 1 week in August.
Few weeks later, I get a bill for $120 for entire month of August. I sent him a check for $24 as he only cut for 1 week in Aug - and noted "final payment" on check.
Month later, I get another bill for $98 plus $10 late fees with a note that if I don't pay up, he will place a lien.
My questions are: does he have legal right to place a lien on my property? From what I read, lawn service does not improve value of the property so it does not apply. Can he collect even though there was never a written nor oral agreement from me to pay for monthly service, no matter whether he shows or not, and on top to impose late charges to which I never agreed to?
I'm thinking his threats are empty, but wanted to see where I stand. If he does place a lien, can I request he proves there was a contract?
