alarm monitoring taking me to small claims

[goralczykd]

What is the name of your state (only U.S. law)? Arizona

First I apologize if this explanation is long.
So I purchased my home September 07 I had the builder include an alarm package. I then signed up for security service through Foresight Monitoring Systems around October for a three year contract. Their service was totally separate from the builder. I used their service and they sent me monthly bills, that I always paid on time. I move from the address February of 2009, and subsequently called them and canceled the service. I don't remember much of the details but I don't remember them saying that there was any sort of fees since the place I was moving didn't have a security system. The service was canceled and the security system was no longer operational. They also did not send me any more bills in the future. Yesterday I was served a notice to small claims court by a private processor, saying I owed over $900. I called the company and spoke to a women who was not very friendly at all (big surprise). I asked what the amount was for, she wasn't able to give me a break down of where the costs were. She said it was for the remainder of contract and the fees for the process server. I can understand the service but am wondering how they can just take me to court without having sent me any kind of bills for a final payment, or a call to say I was past due or any other kind of notice. Had I know about the fees I would have paid them. Any advice would be greatly welcome and I apologize again for the long novel. Also is it common to use a process server? Why wouldn't they just have sent a certified letter? My mail has and is still forwarding from my move.

ThanksWhat is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Arizona

First I apologize if this explanation is long.
So I purchased my home September 07 I had the builder include an alarm package. I then signed up for security service through Foresight Monitoring Systems around October for a three year contract. Their service was totally separate from the builder. I used their service and they sent me monthly bills, that I always paid on time. I move from the address February of 2009, and subsequently called them and canceled the service. I don't remember much of the details but I don't remember them saying that there was any sort of fees since the place I was moving didn't have a security system. The service was canceled and the security system was no longer operational. They also did not send me any more bills in the future. Yesterday I was served a notice to small claims court by a private processor, saying I owed over $900. I called the company and spoke to a women who was not very friendly at all (big surprise). I asked what the amount was for, she wasn't able to give me a break down of where the costs were. She said it was for the remainder of contract and the fees for the process server. I can understand the service but am wondering how they can just take me to court without having sent me any kind of bills for a final payment, or a call to say I was past due or any other kind of notice. Had I know about the fees I would have paid them. Any advice would be greatly welcome and I apologize again for the long novel. Also is it common to use a process server? Why wouldn't they just have sent a certified letter? My mail has and is still forwarding from my move.

ThanksWhat is the name of your state (only U.S. law)?

Yes, and you'd have to ask them.

 

[justalayman]

Had I know about the fees I would have paid them.

then you might consider paying them now to prevent a judgment from showing up on your credit report. Of course that is with the presumption the fees and the amount are correct.

Also is it common to use a process server?

haven't checked. Some states require a process server to be used to deliver a summons.

 

[goralczykd]

I found this on courts website for Maricopa County.

You also can serve the defendant through a private process server. You can use this method if the defendant cannot be served by registered or certified mail. Any registered private process server will serve the summons and complaint for a fee.

Since I never received a certified letter should I be responsible for the process server's fees?

 

[Antigone*]

I found this on courts website for Maricopa County.

You also can serve the defendant through a private process server. You can use this method if the defendant cannot be served by registered or certified mail. Any registered private process server will serve the summons and complaint for a fee.

Since I never received a certified letter should I be responsible for the process server's fees?

If a judgement is rendered against you, then absodanglutely

 

[goralczykd]

Ok my last question... I think. So why can they just skip the whole sending me bills or contacting me by phone that there is a past due amount and over a year later just decide to take me to court, shouldn't they have to try to let me know about the bill before going this route and adding unnecessary costs?

 

[justalayman]

generally there is no requirement they do so.

 

[confused14law]

I agree, there is no requirement to do so. It is pretty sneaky, but sometimes companies do that knowing you are going to break the contract and allows them to hit you with all kinds of fees and make more money on you then if you were to just pay off the remainder.