Legal Question in Business Law in California
Alarm Company contract signed by tenant
1. Tenants on property installed an alarm (Sep 1996)
2. Signed my name to contract
3. Service discontinued in Oct/Nov 1996
4. Alarm Co. trying to sue me for length of contract
5. I was out of town on business which can be substantiated with airline tickets, hotel bills and affadavit signed by company visited.
6. Does Alarm Co. have grounds to sue me?
7. I did not authorize installation
8. Equipment is still on my premises, never picked up by alarm company.
2 Answers from Attorneys
Re: Alarm Company contract signed by tenant
If you didn't actually sign the contract, then the tenant's forging of your signature can't make you liable. I suppose there might be some other, independent reason why you would be liable (as, for example, if the lease authorizes them to install such systems at your expense), but this seems pretty unlikely.
This doesn't mean the alarm company can't sue you -- it just means you have a good argument that you aren't the real debtor. They have to prove that you owe the money, and your counter-argument sounds pretty good.
Re: Alarm Company contract signed by tenant
If your name was signed to the contract without your permission than you are not responsible for the contract. It may take a letter or two from an attorney, because they will usually only listen to an attorney, to get them to leave you alone and go after the tenants. I would be happy to discuss your options with you. I can be reached at 888-563-8529. I have resolved many case like this with a few letters and it won't cost you an arm and a leg. If a letter isn't successful than you may want to sue the company for harassment, but I doubt that it will come to this. I look forward to speaking with you.
John Hayes, Esq.