Legal Question in Business Law in California
service agreement
Ques: whether an independent Internet provider (ISP) may collect money from an account has been overdue for a year, given the relavent facts stated below?
Relevant facts: 1) contract agreement between ISP and person holding account
; 2) contract is on a monthly basis; 3) ISP dispersed payment coupons to account holder; 4) no monthly statements (billing or otherwise), overdue notices, and the like submitted to account holder for approx. 1 year; 5)account holder continued to use service without paying for 1 year; and 6) ISP continued to offer service in light of the circumstances stated in question five.
1 Answer from Attorneys
Re: service agreement
Answer: Most likely. Since you have a contract for monthly service and the individual used the services,
an implied contract to pay is created.
You may have a problem collecting the debt,
however, I would not allow the individual to continue to use the service free-of-charge.
Good Luck!
Robert E. Drescher
Law Offices of Robert E. Drescher
23958 Avenida Crescenta
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