Manufacturer files lawsuit against Window Select; more than $1 million owed

NOW: Manufacturer files lawsuit against Window Select; more than $1 million owed

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WAUKESHA COUNTY, Wis. (CBS 58) -- Lawsuits against Window Select continue to pour in. The company is now being sued by one of its suppliers for non-payment.

Waukesha County court documents allege Window Select and its owner, Justin Kiswardy owes more than $1 million to Illinois-based manufacturer, Climate Solution Windows & Doors Inc. Window Select has been a distributer of Climate Solution products for about two years. The company is based in Franklin Park, Illinois. 

According to the court complaint, Window Select placed "numerous orders for customer windows" through Climate Solution.

After those orders were placed, Climate Solution acquired raw materials based on measurements and specifications provided by Window Select. The court documents state that Window Select has not made any payments to Climate Solution since June 26, 2022. 

Climate Solution has over two dozen completed customer window orders that Window Select has not paid for, according to court documents.

The amount owed for the completed custom orders equals nearly $80,000 for orders that have been ready to deliver since late April 2022. 

Window Select also owes nearly $5,500 in interest payments to Climate Solutions and $39,000 in storage fees for the products that have not been picked up within 30 days of completion. 

In addition to payment for the completed orders, Window Select also owes Climate Solution nearly $185,000 for the manufacturing of more than 40 additional orders that were placed.

The court complaint states that Climate Solution has over $900,000 worth of additional orders for custom windows that have not yet been manufactured. In total, Window Select owes Climate Solution more than $1.2 million and is being sued for the money as well as breach of contract. 

This comes amid dozens of other lawsuits against the company, including two recent cases filed from media companies for unpaid advertising. 

Customers also continue to file lawsuits. Some have hired an attorney and some have decided to pursue legal action on their own.

"Despite me cancelling my contract with them back in early May, they still have not given payment," said Linda Zielke.

Wednesday, a judge ruled in her favor after she sued in small claims court for more than $8,000 for an unfulfilled order from last summer. 

Now, Window Select has 15 days to pay what she is owed plus legal fees.

She's encouraging other customers to do their research, keep good records, and pursue action by filing a consumer complaint or going to court.

"There's no guarantee that we'll ever have the money back in our bank, but I had to exhaust every possibility available to be able to sleep at night," said Zielke.

Many other unhappy customers are still weighing their options. Jeremy Hageman made a $5,000 down payment for windows on his home. He was able to settle business with the company that financed the other $15,000 for his order, but he's still hoping to get his down payment back from Window Select.

Hageman says the growing number of lawsuits has him worried.

"There's no way I'm getting anything if you owe that much money to the people that make the windows," he said.

He called the company when he learned about the lawsuit from the supplier but says he hasn't gotten many answers from them or the operating partner, Cogent Analytics. 

"It really makes me angry," said Hageman.

To date, Wisconsin's Department of Agriculture, Trade and Consumer Protection (DATCP) has received nearly 400 complaints against Window Select. An official with the agency says an investigation is underway.

A criminal fraud investigation involving victims across multiple counties is also active.

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