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I signed up for a home alarm monitoring service back in 2013

Customer Question
I signed up for...
I signed up for a home alarm monitoring service back in 2013 or there about. I no longer have the contract that was signed with this company. It was for two years - I believe.
Before the contract expired it was bought by another alarm company -first bill from them received in March of 2015. No new contact from this company was received or signed by me. I continued to pay for the alarm monitoring system.Believing that I had paid for the initial two year contact and was now no longer obligated to continue with the alarm company - I called to cancel. They stated that the contract was for 5 years and that I had 18 months left to pay. Yet when I asked them for a copy of the contract showing that commitment they cannot produce a copy . ...stating that they bought out the first company and never received a copy of the contract.Do I have any leverage here since they cannot produce a contract showing 5 year commitment as I want to cancel this service.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
7/13/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,032
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

I'm sorry to hear about your situation. If you had originally signed a two-year contract then the terms of the contract cannot change even if the contract was assigned by the first alarm company to the second alarm company. They cannot just change the terms without some legal justification for doing so. So, what I would recommend is going back into your documents to find out if you had a copy of the contract that you originally signed. I know you said you didn't have it, but finding it will be critical.

Otherwise you may want to consider sending a formal demand letter (There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here).) to the other party explaining that unless they can show that the contract was 5 years long then you are going to be refusing to pay. If they decide to pursue this matter any further than you will take them to court for breach of contract. Even if you don't take them to court, you will still be able to get them to stop and think and actually look for this contract. The fact that they simply cannot find the contract does not mean they automatically have right at all. You're the one with a better legal footing here and until they feel proof then you are not obligated beyond the original 2 years.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Legal Eagle
Legal Eagle
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Category: Legal
Satisfied Customers: 6,032
6,032 Satisfied Customers
Experience: Licensed to practice before state and federal court

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