sued by the paperboy

We moved to a new state 3 years ago and the sunday paper began showing up. The paper called and asked if we wanted to try a free full week of papers. We tried and cancelled but the Sunday paper continued to arrive. We were never billed or never payed a cent. Last week the paper boy showed up and said we owe him for three years of sunday papers and if we don't pay, he'll take us to small claims court. Do we need to worry?

If your cancellation to the newspaper company was in writing, you are home free. You don't have to pay for the papers delivered after your cancellation notice. If however your notice of cancellation was verbal (over the telephone for example) your proof that you cancelled will then be your word versus his. You may still win, it is just more of a credibility issue. So, I would request in writing from the newspaper company proof that you cancelled the paper on such-and-such a date. Then you can use this as part of your evidence in court.

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Mark B. Replogle

To prove a verbal cancelation, remeber who you spoke with and the time or approximate time, on which date. Try to remember what was said and also if you specifically ordered the paper. Basically, any details that you can remember. Also, is the paperboy the same from the begining? And the court will ask why collection wasn't tried earlier and in writting.