Custom Doors Don't Fit the Frames

[glarjorg]

My question involves court procedures for the state of: Illinois

I have a contract dispute with a contractor that has done work in my home. He has provided me with custom doors (through a sub contractor) which have never fit the door frame and are leaking, hard to open and close, have spaces where light/bugs/rain/snow comes in and have frost on the inside of them in the winter. He has been trying to correct the problem for 3 years. He is owed an installation fee when the doors have been properly installed. He was given a down payment for the doors (which should have been paid to the subcontractor) but has not received the remaining balance because the people who made the doors walked away from the project and they have never fit the frame. He came to my home stating that he was going to remove one of the doors to put a better seal on it. Instead he took the door and will not return it until we pay him in full for the balance of the doors and installation. The lock that is on the door is rather expensive and was purchased outright by us. The police will not get involved as they say it is a civil matter. Is this not theft? How can I get my door back in a timely manner. I currently have the door boarded up (at my expense).

[Mr. Knowitall]

It sounds like it may be time to have somebody else fix the problem, and then to sue the original contractor for damages.

[glarjorg]

I agree. I have been for many years trying to do that. Nobody wants to get involved because it is such a mess. My only recourse is to get all new doors. I am looking into that option, but it is a huge expense to do that and the lawsuit. I am going to sue the contractor for the damages. I was just trying to determine how I could get the door back in the meantime.

[Mr. Knowitall]

You could file a lawsuit to try to compel the return of the door, but I can't promise you fast or cheap results, or that trying to get the door returned in that manner will cost you less than replacing the door. If you're going to end up in court, it appears sensible to bring your entire action in a single suit.

[glarjorg]

What is really frightening is that this can happen and you really have no rights unless you spend thousands of dollars to prove your case. I can prove I own the door, he an not prove any financial interest in the door yet he has the door and does not have to return it? I hope if people read this they protect themselves. Never ever let anyone take anything from your home for repair without a detailed description of what is being done including signatures etc. I do not think that I will personally let anyone repair anything of mine off site ever again. I am taking my case to the Attorney General and the Federal Trade Commission with the hope that they will in fact assist me.

[Mr. Knowitall]

It stands to reason that before a court will issue an order compelling the return of property, it will want evidence as to the rightful ownership of that property.