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A surveillance company placed a system in my home a year…

A surveillance company placed...

A surveillance company placed a system in my home a year ago. A contract was signed which I wish to break for 3 reasons: 1) They stated that I didn't have to have a permit for the system, that they had an "arrangement" with my city (Austin). This turned out to be a major falsehood when a false alarm resulted in a $235 fine from the city a) for the false alarm and b) for operating a system without a permit. 2) I am in the process of becoming an ex-pat. The company does not offer the system in that country (Brazil). They have insisted I must pay a 5-yr contract of $3000. 3) At one time (Feb 2018) they told me the $3k was incorrect that I would only pay a $350 cancellation fee. Now they won't answer any of my enquiries. If I call, they will sometimes put me on hold until I just get angry and hang up, or put me through to somebody who says they'll "get back to me" and that the waiting period is about 3 weeks. Here's my question: I want to take them to small claims court. I believe the original contract was entered into fraudulently (telling me I didn't need to worry about a permit). The individual who told me I would only pay a cancellation fee now refuses to respond to my email requests. What GROUNDS other than the fraud would I have on which to get this system OUT of my home. I have a million other things to be concerned with (shipping household goods, vaccinations, etc.).

Lawyer's Assistant: The Lawyer can help you determine if you have a case. Before I connect you, is there anything else you'd like the Lawyer to know?

In February I filled out a proper cancellation form indicating I would be cancelling on July 27, my 1st anniversay date. The company meanwhile offered me a $200 credit for my inconvenience with the city. I wrote and told refused the credit, fearful it would somehow act as a legal settlement. They extended the credit anyway. I've written and told them I didn't want it, but they ignore the fact. That credit has dwindled to about $75. I have continued to refuse the credit. They just ignore me and won't communicate. I've considered going to the Atty Gen of Texas (the state I live in) but that would take months. Small Claims court will go more quickly and will more likely result in positive action by the company to get out here, remove their system and get out of my life! =)

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Answered in 5 minutes by:
6/26/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,649
Experience: Licensed attorney helping individuals and businesses
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I am very sorry you had to go through thisI can suggest some options. would you like that information? please let me know and i will put it together and respond shortly. You can wait or come back later when we email you that a reply is ready. Thanks for your patience. This is not the answer. just an opening question so I can better focus the answer and make it more helpful.
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Customer reply replied 1 month ago
Certainly. Yes, I'll take your response later at***@******.***. I'm pretty sure I'm already on a free trial with your company. You may wish to check that out first. I don't take phone calls because I'm 76 and my hearing has gone south. I'm waiting for Medicare to send me a land-line with text and volume enhancement.
On review of your facts, you have a good case.A letter from you or a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! It also may produce from the other side admissions or agreementIf the other side considers risk, legal fees and time you should get the outcome you seekYou have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
I accept the $59 charge.
Thanks! Please click on the 5 star rating. ***** If you dont see it, just reply “5 stars” or “*****.” That’s how I get credit by the site. Thanks!
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Customer reply replied 1 month ago
You have not addressed an important question -- namely, what other grounds might I have other than my belief that the contract was fradulent to begin with since the agent misrepresented Permitting. I am not wishing to sue the company, I just want the contract to be cancelled and the system removed from my home since I'm moving to Brazil. One individual is insisting I must pay out the whole 5-yr contract ($3k) and whereas an earlier agent said "just pay a $350 cancellation fee. This second agent will now not respond.
Customer reply replied 1 month ago
I'm feeling like this company is a very shady bunch. Would there maybe be way to research past cases against them (or similar) rather than small claims?
Breach of contract, fraud, concealment and unjust enrichment, warranty of Merchantibility.
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Customer reply replied 1 month ago
Excellent. Last question. In filig my Small Claims documents and listing the above reasons, do I need to spell out the details of each reason or will the judge infer the details from the narrative offered in the documents I submit. In other words, will the judge possibly as, "How is this unjust enrichment," or is that obvious to him?
Customer reply replied 1 month ago
sorry for the typos): filig = filing; as = ask
Narrate what happened and list theories.Please click on the 5 star rating. ***** If you dont see it, just reply “5 stars” or “*****.” That’s how I get credit by the site. Thanks!You are also welcome to leave a bonus after rating. Much appreciated!
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,649
Experience: Licensed attorney helping individuals and businesses
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INFOLAWYER and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
May I assume a print out of this is being sent to me (*****@******.***)? Thanks! Jim
Customer reply replied 1 month ago
I have a quick follow-up question. I am suing through Small Claims Court in Texas. The security company I am suing is headquartered in California and the Dealer is in Utah. The paperwork from Small Claims Court requires that I name who I am suing. Do I list the company headquartered in California, the dealer in Utah or both?
I would make both!
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Customer reply replied 1 month ago
I was told follow-up questions aren't charged?
Right.
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Customer reply replied 1 month ago
Sorry, I'm a bit confused. I asked a question. I explained it was follow-up. Now I'm getting a screen asking for a $59 payment. That is followed by a response, "right", presumed to mean I may ask a follow-up question without being charged. I don't know what to think or do. Kindly explain.
Customer reply replied 1 month ago
Perhaps you didn't see my follow-up question? Here it is again for your convenience:
Customer reply replied 1 month ago
I have a quick follow-up question. I am suing through Small Claims Court in Texas. The security company I am suing is headquartered in California and the Dealer is in Utah. The paperwork from Small Claims Court requires that I name who I am suing. Do I list the company headquartered in California, the dealer in Utah or both?
Disregard the $59 and just ask me.
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Name both.
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Customer reply replied 1 month ago
Thanks a lot!
With pleasure.
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