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Roger
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Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I cancelled my lawn service in December. They cashed the final

Resolved Question:

I cancelled my lawn service in December. They cashed the final payment of service in January. They continued to come to my home, when i wasn't there, and claim to have provided service. They have now sent to collections as I told them by email that I cancelled and provided the check with "Cancel Service" in the memo. What are my rights in this matter as I don't feel I owe money if I made effort to cancel. I live in Georgia.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : If you informed the lawn company that you no longer wanted their services, then you have the right to refuse payment, and you can maintain that the company volunteered the service AFTER you cancelled and that you are not required to pay.
Customer:

How do I get the collection company to cease?

Roger : You have the right to send a written demand letter under the Fair Debt Collection Practices Act and tell them to stop contacting you about this debt as it is for services that you never requested.
Roger : They will have to leave you alone at this point, but that doesn't mean that you won't be sued.
Roger : However, if you are sued, you would have the ability to defend the claim with proof that you cancelled the service, and if they have nothing that proves you requested the service, you should be a fairly good shape to defend the claim.
Customer:

i would think so, they would have to file claim in magistrate court and a case set correct? even if it is under 200.00?

Customer:

is there any legal recourse i can take against the company or collection agency if they continue to pursue?

Roger : That's right, they would have to sue and serve you with papers to pursue the matter.
Roger : If you send a letter demanding that they stop contacting you, and they don't stop, you can file a complaint with the Federal Trade Commission for violating the Fair Debt Collection Practices Act.
Customer:

ok, any other things that i can do to pursue them?

Roger : Unless you could prove that their claim is fraudulent, probably not - - and proving fraud is very tough.
Roger : If they provided the service - - even though you didn't ask for it and had cancelled the service - - a judge would likely consider their pursuit of the claim as legitimate, but that doesn't mean that they would win.
Customer:

would be tough to do probably, even though i told them 3 times now and provided the check twice

Roger : You certainly could sue for fraud, abuse of process, malicious prosecution, etc., but it would be a tough claim.
Customer:

ok thank you Roger for your help in clarifying this with me. I appreciate your time.

Roger : No problem. Glad to help. Please let me know if you have any additional questions.
Customer:

I will, thanks.

Roger, Attorney
Category: Legal
Satisfied Customers: 27065
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
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