Legal Question in Credit and Debt Law in Virginia

ADT monitoring service agreement

Recently I filed a small claim lawsuit against an ADT authorized dealer for $400 I paid. They remove the case to the General District Court.

A year ago, the Dealer installed ADT on my existing Internet phone which is not compatible with security system.

The system is not working, The test indicated sytem phone communication failure but ADT claimed they received good signal once.Together with the 3 yr contract there is a service agreement in writing:

-Customer is receiving rebate check for $179.94 for 6

mo��s monitoring.

-If contract is cancelled, customer will pay a $75

cancellation fee. Customer will keep equipment.

-If system will not connect to telephone VOIP,

system will not be installed with no penalties to the

homeowner.

They would not honor any of the items and they are colleting $1300(remaining term of 3 year contract) from me.

The internet phone company stated in their term of use that the system may not work with none voice equipment such as security system.... I have ADT equipment dailing records.

after I filed law suit, dealer offerd me wireless solution w higher payment, I refused.

Can I win the case? Do I have to pay their attorney fee is I lose or can I collect from them if I win?


Asked on 5/01/06, 8:56 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: ADT monitoring service agreement

You cannot collect attorney fees unless your contract with ADT allows for that. The company would appear to be clearly in breach of their contract with you, but since the case has now been moved to general district court, you will be going up against their attorneys and, therefore, you would be well advised to hire an experienced litigator for about an hour or so of her or his time who can give you some useful pointers about preparing and presenting your case for trial in the general district court.

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Answered on 5/02/06, 9:18 am


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