Who owes the electric company if I moved out of the apartment, but forgot to disconnect the power?

Question

Oh, brother, I am having a heck of a time with these jerks at the collection agency.

I moved out of my apartment in June 04. I didn't call the power company to put the bills back in the apartment's name. I didn't know at the time that it was necessary. I was told by the collection agency that I owed the power bills for July, Aug, and Sept, and possibly Oct, they couldn't tell. They said I could have the apartment complex fax a copy of my old lease to them, and that would probably be a sufficient dispute. I called the apartment, they said they'd take care of it, but they never did. That was early July 06 when I first got the call from the collection agency about this charge that's 2 years old!

Today the agency called back and said that they never received the lease fax, and that my 30 day dispute period is up, and I now owe the money (140 bucks). Even if I proved I moved out, who is legally responsible to pay the bills? The apt would have kept the power on if it was vacant.

I do not recall anyone from the agency telling me there was a 30 day dispute period when they first contacted me. I have an excellent memory, but it's still possible they did tell me and I forgot. But if they didn't, does that help my case any?

Answer 1

To: Chuck, dahorton40, and especially tony....

You each owe me $100. I expect you to pay this debt. You failed to respond to my collection notice within the designated 30 day period, so you have now forfeited your right to dispute. Since this is only for $100 you might as well pay me, so you don't ruin your credit history.

GOD! You guys are such jerks!

Let me clear up the dispute period nonsense right now. By law, the collection agency MUST send you a letter informing you that they have a collection in your name. You have 30 days to "validate" this claim or they will ASSUME it's legitimate and will begin collection action.

What does this mean?

It means that they can not begin any collection action against you for 30 days. After that time, they can proceed with whatever legal remedies they have to collect.

By no means does this imply that you owe the debt. It does NOT deny you the right to dispute the debt. It does NOT make you legally obligated to pay it. Please read the Fair Debt Collections Act, as it explains exactly what "debt validation" is.

My question is what does your lease say? Either the apartment pays for your electricity, or you have to pay for it. That means YOU have to apply for it, and YOU are responsible for the bills. If you move out, YOU must call and have it canceled. How else does the electric company know that you no longer need their service?

In other words, I think you will end up being stuck with this bill.

Unless you know there is a clause in the lease that covers electric use, I don't think having a copy of the lease will do you any good.

Consider negotiating a payment plan with the collection agent. But demand that they remove all negative information from your credit report in exchange for paying the bill.

If they refuse, why pay it? A negative report will hurt your credit score for the next 7 years. Paying the bill does NOT remove this negative report. It will show up as a paid collection, which is still a bad mark.

It's not likely they will go through the expense of suing you for such a small amount of money.

So in my opinion, if they won't help you out then don't pay the debt. The effect on your credit will be the same.

Answer 2

I'd assume it is still your responsibility. Even in court, if you told the judge that a third party said they'd take care of it, he or she would say it was still your responsibility and should have kept your eye on it. The power company did give you a certain amount of time to dispute the charge, so they made an attempt on their part already to help you.

I would keep fighting, but don't be surprised if you end up eating the bill. Fighting a 140 dollar bill might end up costing you more credit-wise (as far as the collection calls are concerned) than just paying it, so keep that in mind.

Answer 3

If you sue, ask that the case go to arbitration instead of to court. That way you get to give more evidence in an informal setting. Legally you are responsible. But an arbitrator may make the apartment owner equally responsible because he should have noticed that he was not being billed for this apartment. You still need legal counsel.

Answer 4

Just pay the $140 and consider it a life lesson. It's not worth damaging your credit and certainly isn't worth going to court over.

Answer 5

your responsible for the bill till you move out then who ever lived there starting after you owes them the money you have to have proof you moved out when you said you did

Answer 6

It is your fault, but ask them to reduce it for you because you didn't live there.
Be kind, be sweet, be funny...they can't resist...trust me I make a living from being personable on the phone. ANYTHING is achievable. No means maybe...maybe means yes ;) hehe

Answer 7

legally you are expecially since your dispute period is up .

Answer 8

you do , its your responsibility, get a loan or try to make pmt arrangements