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Legal Contract??

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sarajenkins

Junior Member
I live in New York State

I am threatened into small claims court by a newspaper delivery person. I cancelled by phone/did not pay a renewal on my newspaper. THe paper lady kept delivering them, a didnt think much of it at first. Time went by and I lost track...she is now charging me for the papers. Says she is an independent contractor but I was never notified a such a thing. When I did subscribe to the paper I paid the money to the newpaper, not to a private individual.

Does she have right to collect this money?

I hope someone can help me
 


dallas702

Senior Member
How many papers did your "accept" after your cancellation? Do you have any proof that you did cancel (verification by the office of the newspaper)? If you can verify the cancellation, then the newspaper owes the carrier for the mistake...unless you somehow agreed at the beginning of the subscription that you would transact through the carrier. The fact that you have been paying the newspaper office belies that, but you might check. It's possible that a judge might say you should pay for the service you got, but much like magazine or other subscriptions if you formally cancel any product sent after that date is usually not paid for.

How much are we talking here...$10...$20...$30???
 

sarajenkins

Junior Member
Thanks Dallas for the reply. You pretty much have the right idea. How many papers? I dont know..over a year... Over $200 worth. I do not have "proof" of cancel. At the time when my subscription ran out, I was out of work could not pay. I waited, hoped I could pay something towards it but then received a "final notice" ( all of this from the newpaper, not the Individual person/carrier). At that time I realized I couldnt pay it so I called them and told them I couldnt afford a renewal at that time......end of my story....the papers continued. For a long time I thought my mother was doing me a favor and paid the subscription because she knew I was running low on funds...time got away from me and now here we are today. I have NEVER transacted thru the carrier. Is is right that she waited over a year to send me this bill. Although I can not prove I ever called to tell them I wasnt sending payment...i never made any kind of payment either...why would a carrier continue to deliver without any payment?
 

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