I am required to pay for services provided but not authorized?

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I am required to pay for services provided but not authorized?

About 5 months ago I asked a landscape company for a quote to trim our back hillside. I declined the job due to price but was asked if I wanted to be on a callback list. I said OK. They called once and again I declined the work. About a month later I came home and found a bill. When I went to the backyard I saw that they cut the hillside. I never gave them permission or requested for the work to be done. I had a lock on the gate and my dogs in the yard. As far as I’m concerned they were trespassing. Now they want payment or will send us to collections. Where do I stand with this?

Asked on April 25, 2012 under Bankruptcy Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order for there to be a valid contract, an offer and an acceptance are required.  There wasn't any contract because you never authorized the work.  Therefore, you don't owe the company anything and have a defense to enforcement of any contract they claim existed.  You also have a defense to formation of a contract because there wasn't any valid acceptance.

You could also sue the company for trespass.  Trespass is the volitional entry on the land of another without consent or legal privilege.


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