Legal Question in Consumer Law in New Jersey
Lawn Care
In the past I pre-paid for Lawn Services but this year I decided to forego paying someone and try to do the lawn myself. I came home on 3/31/09 and my lawn had been serviced and I received a bill for $71.26. I am livid. The Lawn Company (Lawn Doctor)said that I should have called them and cancelled because I was a client for so many years and they thought that I did not pre-pay because of the state of the economy. Unlike other services where I can return an 'item' I don't want, I can't do this with lawn treatment. Am I obligated to pay?
1 Answer from Attorneys
Re: Lawn Care
It depends. Some lawn services send end of season notices which say that they will resume service at the start of the new season unless they hear from you otherwise. This has nothing to do with pre-paying or not pre-paying. If this was the arrangement, and you did not specifically notify them that you no longer wanted their services, then this could be an enforceable contract. If this was not the arrangement, then it would probably not be enforceable. You could either not pay and see if you are sued in small claims court, or pay just to be done with it. You could easily justify paying since you did receive the service albeit unwanted, just to put it to rest. Or you can offer them a compromise (1/2 or whatever) as full and final. If you think there is the possibility that you may want to use them again if you find that you don't like doing the lawn yourself, you may want to end things on a good note. I hope this helps.
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