Legal Question in Business Law in Illinois

Hi, I have small convienent store which I opened 2 yrs ago. As the city requires that we have a garbage collector, we hired Allied Wastes services of chicago. Few months later we realized their fee was very high so we decided to cancel their services.They said that we cannot cancel the services as we have 5yrs contract as far as I know I never signed a 5yr contract. Even then I told them I will pay early termination fee but they are not ready for that they claim that I have to pay the lumpsum for all 5yrs. When I asked them to show they contract they say that they cannot fax the contract, and I have fill a "Request for Contract" in order to get it.

Meanwhile, I am still billed each months and they have stopped providing service. Is this legal? Please advise on how to deal with them!!!!!

Regards

Neha


Asked on 8/10/10, 7:49 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say your first step is to complete their "Request for Contract" form and get the contract you signed. Then you (or an attorney) will be able to evaluate your legal position with them. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/15/10, 7:54 am
Adam S. Tracy Securities Compliance Group Ltd

Naha,

Thank you for your question. Many times a contract can be deemed unenforceable because it's terms are grossly unfair. There may be other defenses as well. As there are some moving parts to this, please feel free to email me for further discussion. My email is: [email protected].

Thanks,

Adam

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Answered on 8/15/10, 9:53 am


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