KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Sub hasn’t made one payment / Removing mag locks from fire alarm / Comment on does DYI mean doom
October 1, 2019
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Sub hasn’t made one payment
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Ken
            We have a subscriber who signed your Commercial All in One contract and has not made one payment.  We sent a certified letter giving him 10 days to pay and that did not result in a payment.  We cancelled his monitoring and turned him over to a collection agency.  How can we proceed with legal action?
Matt
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Response
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            You wasted what, $10 on the certified mail?  Then to make matters worse you sent it to a collection agency?  Still no payments ….  and you wonder why?  
            One of the more important reasons you use the Kirschenbaum Contracts™ is that K&K  supports those contracts.  We have a dedicated staff of attorneys and paralegals who provide collection services for the alarm industry.  We don’t need any explanation from you and we don’t need you to do anything other than sign and testify if we ask you to.  We process thousands of cases a year, so yes, we can handle your case.
            K&K will handle the arbitration proceeding for collection, defense or any dispute, no matter where you are located, as long as you have an updated Kirschenbaum Contract ™.  Our fees are contingency for collection matters and client pays out of pocket expenses.  Contact Ella Reynolds at 516 747 6700 x 321 or EReynolds@KirschenbaumEsq.com for our Commence Litigation Package or to discuss any collection matter.  For other dispute or litigation matters, contact me directly.
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Removing mag locks from fire alarm system
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Ken,
            We have a school client where we are installing and/or have installed maglocks.  They are asking us to have them disconnected from the fire alarm system, because it will interfere with their lock down procedures in case of an active shooter.  We of course are concerned about liability if we do this.
            Their consultant is just recommending that we have the client sign a waiver.  Is a waiver sufficient?  If so, do you have a document to recommend?
  Best Regards,
D
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Response
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            I don’t think you can do that change without a permit from the fire department, who I assume is the AHJ for that fire alarm system.  If the original plans include the locks then you shouldn't be making changes without a permit.
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Comment on does DYI mean doom and gloom from September 25, 2019 article
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Ken,
            I work for a company in Florida that installs cameras, panic systems, access control and intrusion detection equipment to everyone from condos - to airports and universities. I am a retired (female) Master Gunnery Sergeant - USMC, a minister's wife and a mother of three (a 35-year-old, a 34-year-old and a 12-year-old because God has a sense of humor).  I read your emails every day.  They are always interesting and informative. And in spite of the fact that I elected a career where unless the Marine Corp issued you an opinion you didn’t have one, I find it extremely enlightening to hear from your subscriber base. It’s a great mixture of his thoughts, their thoughts and the laws that govern our industry. I don’t always agree with everyone but I do hear them out (read them out) and that open forum environment is what differentiates your e-newsletter and legal expertise from a dry old whitepaper to good reading. 
            Today I was reading the comments by “John from New Jersey”, I liked his “Toy” analogy and shook my head in agreement with his point about “Open Box” products, but alas he lost me when he hit the “Millennials” portion of his statement.  Although I am closer to a “Centennial” than a “Millennial” adding another subgroup of American people to hold in condescension is ridiculous and completely unnecessary. Besides John (from New Jersey), if you understand that time is linear you must also understand that no matter how profound you feel your commentary on this age group is… in the end they will win….they can wait you out.  But on the upside John, you most likely won't be alive or cognizant to see that win. Additionally, as a possible consolation prize their fast-paced, instant gratification, in today out tomorrow lifestyles will not net them any version of a John Wayne, the Beatles or Gone with the Wind and there is no doubt that over the next 50 years or so their children/grandchildren will think they are the ones out of touch/unenlightened/lame and that our generation is the cool retro-one!
            Ken, I am not trying to hose up your e-newsletter with politics or a debate on hate; but in my lifetime I have ridden the wave of time from where a person of color could not use an unspecified restroom– to having a black President, a time where homosexuality was deemed a deviant sexual behavior to a time where children are being raised “gender-neutral”. I remember where I was when the Kennedy’s (both of them) & Martin Luther King were assassinated and I was on the ground in Waco, Oklahoma City and NY on 911.  I grew up in a time where we didn’t lock our doors, our neighbors were our friends, children could play outside till the street lights came on, we ate un-microwaved dinner and watched TV as family and I could go the two blocks to the store for milk without a single phone call (true story).  Now sadly, we live in a time where we can’t send our kids to school, eat at a Waffle House or shop at Walmart without fear of being shot dead by some crazy with a less than lucid manifesto and a carry permit. 
            I know that this culture change is hard on us older humans (it was equally hard on our parents and their parents before them right up the line probably back to the cave… can imagine the “Cave Parents” when their BCennial kids came home with fire?) but it also keeps us in business too. We are (after all) in business to help protect people and their property and really as a nation I believe we already have plenty of people to hate. And seriously, I don’t know about you John, but my life is way too busy to have to stop and ask every young person I see when their birthday is to asses my level of contempt for them.  So, in conclusion, John from New Jersey, please stick to the business-based introspections I thought they were smart and insightful and that there is where you really shine! P.S. Good use of “harbinger”.
Robin from Florida
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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