Legal Question in Consumer Law in Virginia

alarm monitoring contract

i had an alarm system put into my house, but they never came back to finish installation they admitted this to me on the phone(which they record). i had tried to cancel within the 3 day limit of the contract(i doubled checked that one) but they would not answer the phone. they agreed to cancel the contract over the phone(and that i did not owe any money), would not send me anything in writing, and now i am being contacted by an attorney. am i liable? is this fraud? (ps i am in the navy, are there any laws under the soldier and sailor protection act that apply?) thank you very much. they are trying to charge me for monitoring that could not have possibly been performed as the system was never fully installed.


Asked on 11/01/06, 3:57 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: alarm monitoring contract

The Soldier and Sailor's Civil Relief Act is now known as the Servicemembers Civil Relief Act(SCRA(2003). If you are on active duty in the Navy and

your current duty status would have a material effect on your ability to protect your legal rights and/or your financial interests arising from this particular matter, then the SCRA would be available to afford you some relief from having to respond immediately to a suit from the alarm installer outfit.

However, none of the above relief would relate to the core issue as to whether you're legally responsible for the debt now being claimed. Therefore, you should inform the attorney of the

facts which you've outlined here as to why you are

not responsible for this debt and that if the

claimant attempts to go forward with the matter at this time that you will invoke all applicable provisions of the SCRA and notify whatever court that may be involved of this fact.

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Answered on 11/02/06, 11:44 am
Jonathon Moseley Jonathon A. Moseley

Re: alarm monitoring contract

I would begin by sending a letter back to the attorney advising him or her that you are on active duty in the Navy. The attorney is obligated to advise the court if you are on active duty TO THE BEST OF HIS OR HER KNOWLEDGE or ability to determine this. By TELLING the attorney that you are, you remove all excuse of the attorney that he or she did not know you were in the military.

Second, you should also advise the attorney that you did in fact cancel the contract.

NOTE you did not "try" to cancel. If you gave NOTICE to the company that you wanted to cancel the contract then YOU DID cancel the contract (unless the contract gives a particular procedure for canceling and you did not follow it).

Third, I would also give notice to the attorney that you TENDERED (offered) the return of the system.

The company may be able to collect what it has lost even if the contract was not canceled, but that would have to include an offset or adjustment for the return of the alarm system. If you told them that you were offering to give the alarm system back, they may have to deduct the value of the alarm system from whateve they try to collect from you.

Make sure you repeat the offer to the atorney to take the alarm system back.

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Answered on 11/04/06, 10:53 pm


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