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HELP!! Judicial Error?

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Kyle1214

Guest
What is the name of your state? Illinois

I am so confused!!! I just had my small claims court appearance, and my main piece of evidence, a letter from the defendant, was not considered a contract by the judge! To make a long story short, I hired him to work for me (photographer), paid him, then cancelled. I was offered a $1,000 credit via his letter, and also a refund check for $305. Well when I went to collect, he wouldn't give the credit, saying someone else had used it. (my ex-fiance, even though the letter was written to me.)

I had spoke with 4 lawyers, all of them telling me that this letter was a contract, but the judge said today is wasn't! Who is right? Am I just out of luck? Does he not have to live up to his offer in the letter?

HELP
 


racer72

Senior Member
A contract is an agreement of 2 or more parties. What you had was a notice of an offer, there is a big difference. You did not place any restrictions (you are the only party to use the credit) on the offer (which would have made it a contract) and the credit was used, the photographer now has no legal liability to you. The person you need to sue is the ex GF, she is the party that used your credit. He lived up to his offer, just the wrong person.
 
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Kyle1214

Guest
Well, there were restrictions in the letter. Is said that the $1,000 could be used by myself or my immediate family. Did the fact that I cashed the check for $305 constitue an acceptance and therefore changed it from an offer to a contract? I also accepted the credit verbally before he sent the letter.

Does that make a difference at all?

What case would I have against my ex? She did lie to the photographer by saying she made payments, when she didn't, but isn't the photographer ultimately responsible?

Thanks for the help.
 

racer72

Senior Member
She did lie to the photographer by saying she made payments, when she didn't, but isn't the photographer ultimately responsible?

You answered your own question in your question.
She stole your credit and used it. If someone stole your credit card and used it, who would you seek restitution from, the thief or the retailer? The answer is the theif and that is where you need to look for restitution. The judge made the right call is this case.
 

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