Legal Question in Civil Litigation in Illinois

phone company harassment

September last year, I was solicited by Telecommunication sales person for better service at same or less current monthly expense. She offered 3 year contract. I told we can only accept 1 year contract. She told she will negotiate with her manager. Without confirming, she proceed with 3 year contract. After exchange couple more phone call and another meeting, I refused to take her offer.

Sometime in January 2008, I received conference call from her and her manager. They insist I must accept the contract for 3 years or pay $750 penalty. I refuse to accept neither. They finally gave me one year. However, the deal came too little too late.

Now, they sent me penalty $750. I send a payment dispute letter. It seem no one care to listen. Now, they sent me penalty plus late fee. I told them to settle this case in the court. They continue refuse my suggestion and keep sending invoice.

Beside paying penalty, what other option do I have?


Asked on 6/24/08, 7:01 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: phone company harassment

You must provide a lot more information as you have provided. Did you sign a contract with them? If so, under what circumstances?

In any event, you have two choices: 1) pay or 2) not pay. (I know they are obvious). If you choose not to pay, document in writing (certified mail with return receipt) why you are not paying. Don't tell them your life's story. In two sentences or less tell them the reason for your dispute. The ball will be in their corner as to what to do next. If they send you to collection, you can dispute the same with the collection agency and forward the letter to them (again certified mail-return receipt) and ask for documentation and basis for the debt they are claiming you have. They have 30 days to provide you with proof or go away (hence the importance of certified mail with return receipt). If they do, you dispute it. If they don't the matter is over until some other collection agency buys the account from this one and send you another letter... you can expect this to happen 3 or 4 times.

The communication agency may also sue you in court. You then have to file appearance and defend yourself and dispute the debt all the way to a bench trial -- In this scenario, in all likelihood, you will lose based on technicalities since if you are not a lawyer, you do not know what things to file when and a judgment may be entered against you as a result.

That is what can happen.

At this point, you have a choice of buying peace (negotiate and see if they are willing to get something and get the heck out of your life) or to fight it all the way to an unknown end.

I hope this helps

Nima Taradji

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Answered on 6/24/08, 8:24 pm


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