KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Should you turn off service on late accounts April 4, 2025 ***************************** Should you turn off service on late accounts ********************* Ken, Can we turn off or pause monitoring on accounts in late payment status? Best Regards, Jeff ********************** Response ********************** You should review each account for the circumstances for non-payment. In some situations you can terminate service, in others it would be better practice to continue providing service until it's no longer appropriate. When accounts are referred to K&K for collections I usually recommend continuing the services, which is generally monitoring, at least until we begin proceedings and find out what the customer is claiming. Often the customer complaint is that the system isn't working. If we can establish that the customer is actually using the account, even after we began proceedings and the customer claimed the system wasn't working, it's going to be a much easier case to win. Another reason to keep the services going is that we try and reinstate accounts when possible, and it's easier if the services haven't been terminated. If you do decide to terminate services it would be a good idea to get a print out of the Alarm History from the central station. Surprisingly some central stations seem to wipe out their account records when an account is canceled; not a best practice. Check on your central station's policy on retaining closed account records and your access to those records should you need them. Before you do terminate service, especially if the system is working, be sure to provide notice to the customer even if the contract does not require notice [which is the case with the K&K Standard Form Agreements]. And, be positive that the customer is actually in default [yes K&K does get collection cases where there hasn't been a default]. Also, since most alarm contracts do not cross reference another alarm contract if the customer defaults on one contract you can't pull the plug on contracts. Of course when you know your system is not working or communicating, for any reason, there's no reason to keep paying the monitoring charges, or showing up to do an inspection when you know you'll be denied access. Before terminating an account make sure you make it clear that termination is the result of the customer's default of the contract, in which event your continued performance is excused. So if sending the account to K&K for collection ask us before terminating the services. *********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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
