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I was wondering if someone could help me with a problem we

are having. My mother...
I was wondering if someone could help me with a problem we are having. My mother rented a dumpster and requested a pick up after making a payment. There is a balance on the bill so they refuse to pick it up and keep charging her for it being on her land. Is this legal after she had written and telephoned requests to pick it up. She is going to pay the balance which they refuse to give her.
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Answered in 34 minutes by:
4/2/2013
BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
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Good evening, I can help you with your question tonight. The entire answer will depend on the contract. The contract will be what the court uses to determine what is owed.
Do you have a copy of the contract with you? If so, can you please tell me what it says regarding breaching the contract?
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Customer reply replied 4 years ago
No I don't have it but my mother might. It is a small country company and may not have had her sign a contract.
I understand. If there was no contract, then your mother just needs to provide some type of evidence to the company that she requested the dumpster be moved. This can be done through testimony or other evidence such as an email etc. that shows she requested the services be terminated. If the company continues to pursue her, she could wait for them to bring suit in small claims court and then provide that evidence at that time.
If there is a contract, then the terms of the contract will trump everything. It will say what obligations your mother has and what constitutes a breach. If there is a contract, then they can sue based upon that and the judge will need to determine the meaning of the verbiage in the contract.
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Customer reply replied 4 years ago
They can still charge for the months that we kept requesting the thing to be picked up? We have paid the balance of the bill prior to that time. I do have proof, I sent a written request for the dumpster to be picked up in January.
If there is no contract, then no, you are not required to pay for the months thereafter. You will have the burden to prove this to the court though as it will be your burden if you bring suit. If they bring suit, then they will have the burden to show that you didn't request it be removed.
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Customer reply replied 4 years ago
Thank you for helping me out. I really appreciate it.
You are very welcome! Thank you for coming in and have a good night. Please leave me feedback before you go. Take care!
BizAttorney
BizAttorney, Attorney
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