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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111466
Experience:  20+ Years of Employment Law Experience
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I want to get out of a Slomins Shield contract. I was never

Customer Question

I want to get out of a Slomins Shield contract. I was never aware that I was in a 5 year contract and I have 3 years left. It has never worked for more than 2 days in a row and it's been a huge pain and waste of time taking days off of work to call Slomins and also have technicians come out to attempt to fix the problems.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Infolawyer replied 4 months ago.

Hello

Expert:  Infolawyer replied 4 months ago.

You may send a letter canceling giving those reasons. You may cancel on basis of misrepresentation, concealment of terms, breach on their part. You may also seek to speak with them and seek to do so on consent.

Customer: replied 4 months ago.
I already did all of that and they still said I can't break the contract.
Expert:  Infolawyer replied 4 months ago.

You can sue to have a court find that they have breached it. You can threaten to do so. You can threaten to lodge a complaint with the attorney general and the BBB. You can have a lawyer send a letter to that effect.

Customer: replied 4 months ago.
How do I go about suing them without an attorney?
Expert:  Infolawyer replied 4 months ago.

You can do it in small claims court, the clerk can supply a summons and complaint. some lawyers may work on commission basis so you dont have advance fees! martindale.com is a good resource. Kindly rate me good or excellent.

Expert:  Infolawyer replied 4 months ago.

If i can clarify anything else, please let me know.

If the answer is now clearer, please tell me that too. thanks.

Expert:  Infolawyer replied 4 months ago.

Please rate me positively.

Customer: replied 4 months ago.
Didn't learn anything new pls stop emailing me
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor has left.
First off, under the law when parties sign a contract, the law imputes them with the knowledge of all of the terms in the contract and their signature binds them to those terms in the contract. So, you cannot argue legally you did not know the contract was for 5 years in order to get out of the contract.
Second, and more importantly, that contract you have is to provide service and if the company is not providing you what the contract agrees to provide, the company is in breach of that contract. So, if you have made reports to the company and they still have failed to correct the problems and you still are not getting the service the contract promises, then they are in breach and that breach is sufficient cause for you to not only terminate the contract but to seek monetary damages as well.
The issue is that if you simply stop paying because of the breach, they will pursue you for payment. So you have to go to court and file suit against the company for breach of contract, which you can do in NY Small Claims court if the loss/damages are up to $5000 and you need no attorney in small claims court.
So, you have an option here and that is to file suit in court against the company for breach of contract to terminate the contract.

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