Law info, what ya' think?

WraithCobra

Don't want a GT500
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Joined
Jan 16, 2004
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681
Location
Glenn Dale, MD
I canceled my services with Orkin Pest Control at the begining of June per a certified letter, which was signed for on the 12th, and I stated I would not be responsible for any services after the reciept of that letter. Orkin called to acknowledge the letter and stated that the June service was already scheduled and they would cancel after that. I turned the tech away 2 days later stating I canceled my service.
In July I recieved a bill for the June service I canceled, I called the main office and they said they'd fix it.
In August I recieved yet another late notice so I called the main office again and said I was being billed for a service that I didn't have and again they said they'd fix it.
I recieved another late notice in September with a credit threat, this pissed me off so I called the local Orkin office in Waldorf. Over the last few days working up through people to the branch manager who finally said I was being billed for a service on June 27th and that the contract required a 30 day cancelation notice. My arguement with him is that (1) the contract expired 2 years ago and (2) if someone came onto my property on June 27th they trespassed and I have the right to file a trespass complaint with the PG County Sheriff.
The Orkin branch manager says that the contract still requires a 30 day notice (which I said he could have billed me for the service I turned away, if the contract was valid) and that his tech did not trespass as the contract allows them to perform the last service and bill for it. We argued for a few minutes and I mentioned lawyers and court. Durring the conversation he said I didn't need to threaten legal action, he wasn't afraid of taking it to court, but in the end a $60 bill wasn't worth the trouble. He said he would remove the bill and close the account with out reporting it to a creditor.
I was prepaired to file the tresspass complaint and file with the BBB if he wasn't going to resolve it, then it would have been off to court over $60. Smug bastard told me to go ahead and ask a lawyer about it to prove me wrong. If anything I think he could claim the 30 day notice thing and bill me for the month of June with out being serviced, but there's no way he could have claimed that they had the right to tresspass, perform a service and then bill me for it. Not that I want to talk to anyone at Orkin again, I'll use another company in the future, but just knowing I could have won in court would be cool.
Any lawyers or legal aids want to chime in on this?
 
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ScottinSSMD

gotta 996TT too!
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Nov 21, 2003
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4,790
Location
Silver Spring, MD
Being in contracting I will say that if it has a 30 day cancellation policy then sure, $60 and be done. The phone call with the attorney will be $75. As for the extra energy to file a no trespass, blah, blah, blah. Be done with it. A contract is a contract. I was lucky when WManagement waived my $80 when we went to county pick up. I ran a 12 pack out to the guys who still run in the neighborhood. That 12 pack got some old furniture picked up that the county wouldn't touch.
 

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