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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26928
Experience:  Began practicing law in 1992
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I am trying to cancel a contract with a waste management service

Customer Question

I am trying to cancel a contract with a waste management service for my retail store. The contract was signed in 2002 for a 3 year period, with automatic renewal for an additional 3 years. In order to cancel, the provider is to be notified by certified mail 60 days before the end of the contract period. Apparently I should have sent the certified letter in June, but since I could not find my copy of the contract, I did not know about the 60 day notification period. I did send a certified letter that was delivered on July 28, 2001. This letter stated that it was notice of cancellation and gave them 5 days to respond with a copy of a valid contract, if no response was made within the 5 days it would be assumed that there was no valid contract. The service company responded 8 working days later, stating that there was a contract that was valid because I did not send the cancellation letter within the 60 day time frame.
My question is, do I have a legal claim to cancel the contract, or can they make me stay with the service company for another 3 years?

Thank you, XXXXX
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.
Most courts frown on automatic renewals so you have that going for you, particularly when it is from that long ago. If you never received a copy of the contract then you have a better argument but a lot of this depends on the local judge. Some would let you out and some will sat it is valid. The best solution is to ask a local lawyer what their take is on how the judge will look at it.

As far as your letter to them with the 5 day language, it really doesn't have much legal effect. You can't unilaterally change a contract.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.

Your answer was not any help, only common sense. I already knew this much.

 

Thanks anyway. LR

Expert:  Dwayne B. replied 3 years ago.
Sorry, it's a correct and complete answer. We have no idea what you do and do not know unless you tell us.

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