What can I do if I cancelled lawn care services from a company 6 months ago but they still serviced my lawn 3 months let and then billed me?

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What can I do if I cancelled lawn care services from a company 6 months ago but they still serviced my lawn 3 months let and then billed me?

I don’t want to be sent to collections for not paying for a cancelled service. There is no contract; I have emails and communication requesting the cancellation. The owner confirmed the email address it was sent to is valid but claims he didn’t receive it and I need to pay. What should I do?

Asked on July 7, 2015 under Business Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can either pay, because you don't want them to sue you (unless you are sued and lose, you do not have to pay); or you can stand your grand, inform the owner that since he confirmed you'd sent the cancellation to the correct email address, you properly notified him--if he does not recall seeing it, that is not your issue, since you sent it to the right place. You'd further inform him that if he takes legal action, you will countersue for filing a frivolous (no merit or baseless) lawsuit, often called "malicious use of legal process." He may still sue, and you may have to defend on the ground that you sent a notice cancelling. Based on what you write, you'd likely win, but if he does sue, you'd at least have to deal with the lawsuit. So it's pay or be prepared to deal with fighting him about the money.


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