Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in Michigan and had cell phone service with Centennial. My 2 year signed contract ended in 2002. I canceled my service on Dec. 16, 2006. I just received a bill for one more additional service from Dec. 16, 2006 through January 16, 2007. I was told that in my contract it indicated I must give them 30 days notice to cancel, or I would pay an additional 30 days service after I canceled my service. With my contracted expired, how can they do this? It is not noted on my current bills or previous bills. I would like your legal advise.”
Question: In general, you are bound by the terms of your written contract. Likely after the initial two year period, your continued use of the phone service was on a month to month basis. If there is a 30 day termination notice clause, then you would have needed to perform your duties (pay) under the contract during the notice period. Will they sue you? Maybe not, if the amount is too small for them to justify the expense of a lawsuit. Will it go on your credit report if you do not pay it? Absolutely.
