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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5266
Experience:  Licensed to practice before state and federal court
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I had a lawn care company mow my grass twice a month. The

Customer Question

I had a lawn care company mow my grass twice a month. The first year they were fine, I'd write down when they mowed and circle it when I paid them. This year, for some reason, they didn't mow in the month of June. I refused to pay them and cancelled the service. They wan an outside collection agency to collect the money. What do I do?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Estate law? Utah
JA: What documents or supporting evidence do you have?
Customer: my written record of the mowings and payment.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Legal Eagle replied 1 month ago.

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. This appears to be a classic breach of contract because they did not mow in the month of june. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. Additionally, if there was no rules regarding cancellation, then you were able to cancel the contract without engaging in a breach of contract. Thus, if they try to send you to a collections agency, the Fair Debt Collection Practices Act should bar the collection of the debt because it is invalid. At this point, the other party is breaching the contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.