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How can I get rid of ADT service that I no longger use.
Anonymous4 views4 answers
I own a small business. 18 months ago I had an intern sign up for ADT service (A three year contract without my knowledge). Six months later, I had to close that location and open a new one. ADT asked me to sign a new contract, wish I refused to do. Now I have been paying for their service and I have not even use it for over a year. How do I get off this hook? If I disolve my LLC and open a new one with a new TIN. will that help?
First step to determining how to break a contract is to look at the terms and also see who the parties are. If the terms required services to you, and your location was closed, and they refused to continue the service at your new location, perhaps you can send them a letter (keep a copy) by certified mail that they breached their agreement to you by failing to provide security services to you at your premises after the move and they refused to transfer. Thus, give them x days (such as 10 or 15) in which to serve your new premises or you will consider them in breach and terminate payments, accordingly.
The closed LLC part of the equation may be more challenging, if you were the only manager and holder of the shares of the LLC, because you may now be personally liable on outstanding debts of that entity. Also, if you signed the agreement in your own name or guaranteed the contract personally, then the closed LLC would not help you, since that signature bound you personally.
Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com
www.facebook.com/SoCalConsumerLawyer
Twitter: @RStempler
If you were the sole member of an LLC, you may be personally liable. Furthermore, if you guaranteed the LLC’s debts then you would certainly be liable. Have an attorney review your LLC filing and determine the extent of your personal liability.
ADT advertises that you can "bring" them with you at no charge. That may be your best case scenario, short of suing them to get out based on "exit" clauses in your agreement which may or may not exist.
