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Richard, Attorney
Category: Business Law
Satisfied Customers: 55711
Experience:  32 years of experience practicing law and a businessman.
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If you have a service agreement, in this case answering phones

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If you have a service agreement, in this case answering phones for businesses, and the agreement calls for a 30 day notice of cancellation, and the person doesn't use the service for 6 months, and you do not cancel and/or otherwise notify the company that this is a real problem, can you keep charging them indefinitely until they give notice?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Has the party that is answering the phones not performed in any way? Or, as the other party simply not used the service? Thanks.
Customer: replied 4 years ago.

they did for 3 months, the customer then stopped using the service but did not put them on notice. 12 months later when presented with a 1200 bill, they paid 100. There was still no use of the service or cancellation, and the bill accumulated for 14 months.

Thanks for your reply. The customer owes the entire bill. If the customer wanted to terminate, the customer was required to give the required 30 day notice. Not using the system does not constitute notice. If the customer does not pay the entire bill voluntarily, you would want to file suit in small claims court. This will give you the leverage and collection options you are seeking. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.

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