KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Lawsuit against ADT and what happens when you can't find contract
August 18, 2022
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Comment on Lawsuit against ADT and what happens when you can't find contract from article on March 28, 2022
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Ken :
           I read with interest your article on the ADT lawsuit and the absence of a contract with their subscriber [March 28, 2022] .
          At the time when my operating company had about 5,000 customers I decided to check each account folder to be sure there was a contract copy . Our MO at the time was to have a copy in the office with an additional copy at my home .I was certain we had contracts with each subscriber.   We did not ; And I mean no contract with several subscribers. We immediately began to obtain contracts.
          When I sold the business an additional benefit was having contracts with all subscribers . This positively affected the selling price .
          Jim Jr's  Alarm Financial Services is in the loan business where contracts are essential .  Contracts to make loans for business needs and for loans to finance acquisitions . Almost always we find accounts with no contracts.  We have an excellent method of obtaining contracts for these accounts, allowing us to provide funds.
          My recommended solution :  Review your accounts to be sure each has a contract . When you can’t find a contract get a Kirschenbaum contract signed and do it NOW .
Jim Wooster Sr,
Alarm Financial Services  
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Response
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          Good advice.  Today is a good time to begin a thorough review of your customer files to make sure you have a written and signed contract.  You don’t want to first start looking for a contract when [in order of severity of headache]:
  1.  you want to sue the non-paying customer
  2.  you need to defend yourself against a claim made by the customer
  3.  you are selling your accounts and need to produce a signed contract for each account
          By the time you find out you need a contract it will be too late for numbers 1 and 2 above.  If you’re at number 3 you will either not be able to sell the account, you’ll have to take a significant reduction in price or you’ll be hassled trying to get a new contract signed.  Save the aggravation and check now. And if you do need to get contracts they should be the most updated forms; get them here:  alarmcontracts.com
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com