Legal Question in Consumer Law in California

Cellphone contract

I have a dispute with my cellphone company regarding the lenght of the contract. (I say 1 year, they say 2 year). I signed up on the phone and do not have the paperwork that came in the mail. Can I put 'burden of proof' on the cellphone company. Have them prove that it is a 2 year contract?


Asked on 5/15/09, 8:38 pm

1 Answer from Attorneys

Thomas Mauriello Mauriello Law Firm, APC

Re: Cellphone contract

This is really very simple. What does the contract say? If you don't have a copy, send them a letter asking them for a copy. If they do not have a copy (a copy SIGNED BY YOU) or will not produce it, write them a confirming letter that they could not or would not provide you a copy, that you believe the agreement was for one year, and that you will will not need service beyond one year and will not be paying for it beyong a year. Then don't pay past one year. Don't skip these steps, though, because if you haven't written these letters, it will be hard to prove your case and it will be easy for the company to lie if it goes to a collection action.

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Answered on 5/16/09, 10:26 am


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