Asked in Contracts for Missouri

Q: I had 5 yr contract for games equip when I went to cancel they said u have auto renew of 5 more years. Can I be sued?

Former partner signed 5yr contract. I honered the entire 5yrs. I tried to end contract when 5yrs were up but they say since i didn't give 30 day written notice they are suing me for liquidated damages plus attorney fees, etc. They said there was auto renewal unless written 30 day notice. I didn't sign original lease but agreed to honor all debts incurred by partner. I called the 3rd day of final month of contrct but i did not write cancellation letter. They are suing me for 22 plus thousand dollars bc i did not give written notice. They offered to settle for 11 thousand plus sign new 5 yr contract. Anyway i can avoid these options?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: That's a lot of money. I suggest you schedule a consultation with an attorney. The attorney can then review the entire contract and give you legal advice. An attorney could also help negotiate with the opposing counsel if that is something you desire.

In general, liquidated damages are enforceable under Missouri law but a penalty is not. The fact that a contract deems damages as liquidated damages is a factor in the analysis but not necessarily the only factor.

It will cost you some money to hire an attorney but it will also cost you to pay $11k and renew for 5 years.

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