Legal Question in Credit and Debt Law in California

self-renewing contract

Three years ago, I paid for (check,

not credit card) a 3-year term with

my security company. The contract

expired in January, and I decided not

to renew it. I received no notification,

either letter or phone call, from my

security company that my service

term was coming to an end. I felt

that, since I only paid for 3 years, the

terms of my contract would expire

when the payment term expired (like

a magazine subscription). A couple

days ago, I received a letter from my

security company informing me that

they sent my contract to collection,

claiming that the contract is self-

renewing and that I am delinquent.

At this point, I don't know if they

want payment for another 3 years,

or for the 6 months outstanding. This

cannot be legal, can it?


Asked on 7/09/09, 12:44 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: self-renewing contract

Read The Friendly Contract.

Self-renewing clauses in contracts are called "evergreen" clauses. If you are being robbed by your security company, try small claims court.

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Answered on 7/09/09, 12:48 am
David Gibbs The Gibbs Law Firm, APC

Re: self-renewing contract

Attorney Stone is correct - first you need to review your contract. If an evergreen clause is in there, then you are most likely stuck with it. If not, then you can argue that they have no basis for billing you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/09/09, 12:26 pm


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