Looks like I am going to court

tiff211

DIS Cast Member<br><font color=blue>Was busted by
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Mar 3, 2005
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We bought our home in Dec '03. From day one we got the barrage of calls about everything from mortgages to vinyl siding. One day I got a call from an alarm system company and since it was something we has discussed getting, I let the girl does her spiel. She told me for less then .70 cents a day, we could have our home protected, blah, blah, blah so we set up a time for the guy to come out and install. No this is just about 2 years ago so I am fuzzy about the details. The guy came out and installed the equipment and then sat down with the paperwork. I had to leave so DH took over, but stupid me, signed my part and left, leaving a check for DH to fill out. When I get home, the yellow copy is sitting on the counter so I look at it and the monthly cost is 42.79. :earseek: Now by my calculations .70 a day is about $21.00 a month. So, I tell DH that this is very wrong so he says he will call the guy tomorrow. He left his card. DH calls him the next day and the guy basically gives him the runaround and tells us to "try it" and see how we like it. DH conveys this to me and I say now. That is double the price I was quoted. I want nothing to do with this anymore. So, dh calls the guy and he doesn't answer. DH leaves a few messages which are never returned. There is no # on the copy of the contract that we have. DH unistalls the equipment and packs it up, and leaves a final message telling the guy we will not be using the service and he needs to call back to let us know how to return the equipment. No call back. Now as I said, we have just moved in and with 3 kids, I just decided when I got a bill, I would take care of it then. Well, a bill never came, the money was directly taken out of my account but under a different name. I googled the name and found a # to call. I did and explained what had happened. The woman basically called me a liar and said I was never quoted that price and since I had signed the contract, I was obligated to make the payments. I am furious now and tell her, we are not using the service and have no intention on doing any further business with whatever company this is. She says she will talk to her manager. A few more weeks go by and I notice another payment has been taken out of my account. I put a stop payment on it. I then get another call and after explaining my situation, I am told again, in a nutshell, tough. Then the next month I get a bill. I call and go through the whole thing again and now the woman tells me she can lower the price and also offers me other incentive. No thanks, it's not about the money but the fact that I will not do business with shady companies. This goes back and forth. I am getting bills sporadically and I do not pay. EVen now and then I get a phone call "here's what we can do." One of the last phones, I get the woman tells me if we wanted to cancel the service, we were supposed to do so in writing." WHAAAAAA??? No one ever said that to me or else I would have done that pronto. I asked DH if the guy said that to him and he said no all he said was if there was any problems to give him a call and gave him his card. She says it says that on the contract which got lost in all the chaos of unpacking! Anyway, I say I am not paying 1500+ for a service I have never used and have intentions on dealing with this company. Come to find out, the company that called and set up the installation was just a contractor.

So, I recently got a letter from a lawyer and I replied in writing what the situation was as instructed. Last night a constable comes to my house and serves DH with papers (with my name) from district court. However, there is no info on when/where to go to court and basically it has info for me to dispute in writing to the same lawyer. I am ready to go to court but am a little nervous. Anyone have any insight/similar experience?
 
No advice except...
Always ALWAYS read a contract before you sign!

I'm sure someone will be able to give you some advice though.
 
Yikes, what a mess! Only advice I have is to consult a lawyer of your own. Good luck!
 
Yes! Different situation and different sort of company but same collection tactic. That summons is NOT a true court summons. It is just a collection agency scare tactic ploy. Just ignore it. A real summons has a date and time to appear. Sleazy companies also have sleazy collection people! Ignore their phone calls, summons, and whatever tactic they use. Eventually they will go away. Good luck!
 

How can you get a subpoena to show up in court without a court date? That doesn't sound right. I would contact the district court first and find out how that works. Actually I would strongly consider getting a lawyer to handle it for me. I am very sure you would win this case but if you didn't respond in the correct way, at the correct time the district court might rule against you by default.
 
My advice would be to close your account and open a new one. They can't take the money out of an account that doesn't exist. Sure it may be a hassle but it will save you.
 
I say contact an attorney, at least for an opinion...attorneys used to have a "free" consultation where you could explain your case to them, and they could tell you if you can fight it. An attorney most likely won't take a "small claims" type case, but they should be able to give you a little advise. Be careful how you handle this, with a signed contract and you stopping payment, they could mess up your credit. Even if the consult isn't free, it is better than wrecking your credit over this type of dispute.
 
If this is ADT we had a similar experience. I posted on Planet Feedback - they called the next day and resolved everything.
 
Sounds like a scare tactic to me.

Summons are very detailed and many times a deputy or someone from the courts brings them to you.

Always ask for Id before accepting the papers.
 
My guess is that since you signed a contract, you will eventually have to pay them something to make them go away. I agree though, the papers you got are most likely from the Collection Attorney - not a real Court Summons.

I'm not a lawyer, consulting one is an option worth considering. I'd be willing to bet that they will be willing to settle for much less than what the papers say you owe.
 
I won't post the company's name, but it sounds like a similar situation we were involved in. We finally said forget it & paid off the remainder of the contract (to the tune of a couple hundred dollars), and put the cancellation in writing. The company we were dealing with was known for automatically renewing people to new contracts without permission along with other sleazy tactics.

In your case, I'd be calling the court to find out if this is the real deal, because it doesn't sound like it's any more than a scare tactic to me.
 
We had that problem with an alarm company who took over from our previous company; when we cancelled, my husband "didn't sign his name" when he wrote "cancel" on the bill. They called, wouldn't talk to me because his was the name on the original contract. He wrote a cancellation letter, but they still wanted to charge us for a few months that we didn't even still have their equipment. We got a letter from a collection agency, he wrote them a letter and we haven't heard back. I still don't know what he said in the letter, but it worked.
 
If you got a summons it could just be notifying you that a Complaint was filed against you with the District Court and you now need to Answer the Complaint by responding in writing to the Attorney -- if it is a legitimate summons you do not necessarily have to appear in court but it means a complaint was filed against you.

The summons would have a civil action number, or docket number on it - call the court and inquire if a lawsuit has been filed against you. When you file a Complaint against someone in the Court, you send a constable to serve the summons and a copy of the complaint - if the person does not answer the complaint within the requisitie time they get defaulted.

If it is was me - I would call a lawyer to make sure it is not a real summons -- better safe then sorry becuase if its real you don't want to get defaulted by the Court.
 
How do I answer the complaint, send a copy of the letter I already sent the attorney?
 


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