Utility company proof of old account

[katlynnec]

I divorced in MI in '92, removed my name from all accounts & moved to IN. Now, collection agency states I owe $1500 that ex walked away from on household utility bill, claiming it is still in my name. He continued to pay for 9 years after I left. I can't prove I took my name off, they can't prove I didn't. I do not want him to know my location (dangerous abuser), so do not want to file fraud report giving my current address. Have informed collections I will not pay bill when I can be heard by a judge. Any other recourse? Can I ask utility to provide 9 years of his payment records, presumably checks signed by him? Will this help? Didn't show up on my credit report until this agency bought the debt, so had no way of knowing.

[joseph sugarman]

The way you state it, it sounds like your ex stopped paying the bill in 2001. You must check Michigan statutes to see what the statute of limitations is on an account with a utility company, and in general what the statute of limitations is on any openbook account in that state. Most conditions are three to five years to succesfully collect on a bad debt.

Run a name check on your ex with the local court system in your old county to see if he was ever sued by the utility for nonpayment. You should be able to check with the utility to make sure your name was removed.

It may be the collection agency that has found your name on the account before you had it removed, or it discovered you were married to him. They will use any illegal, unethical and immoral method to collect. They do need a legal reason, because it thinks you will not go after them for its corrupt practices.

You did not mention whether you repudiated the claim of debt within thirty days to the collection agency. If you did not; do it now.

It will not have any of the payment history from the utility; it does not care. It bought a debt blind on the chance it can recover the whole or part of the amount from anyone.

[ezrhythm]

In California, I have never heard of PG&E filing a suit for non-payment of a utility bill. One just won't be able to open an account in their name again until the amount due is remitted.

As far as a recourse for your situation; Study and learn about using, "Accepted For Value".

This thread here will help;
http://www.suijuris.net/forum/banks-...pted+for+value
Ignore comments by, "Judge Roy Bean" this person hasa been a nay-sayer here.

I had a similar situation In which I was receiving a past due utility bill. I printed the stamp looking phrase from the link above, in red, diagonally across the face of the statement, filled it in also in red ink and I haven't heard from them since. There is a comment on the thread in the link above where someone says that red ink is not what you use but I used red ink and had success.

There is a yahoo group, "commercialremedies" that also discusses this.

[David Merrill]

Originally Posted by katlynnec

I divorced in MI in '92, removed my name from all accounts & moved to IN. Now, collection agency states I owe $1500 that ex walked away from on household utility bill, claiming it is still in my name. He continued to pay for 9 years after I left. I can't prove I took my name off, they can't prove I didn't. I do not want him to know my location (dangerous abuser), so do not want to file fraud report giving my current address. Have informed collections I will not pay bill when I can be heard by a judge. Any other recourse? Can I ask utility to provide 9 years of his payment records, presumably checks signed by him? Will this help? Didn't show up on my credit report until this agency bought the debt, so had no way of knowing.

Fire the agency that bought the alleged debt.

[ezrhythm]

Yeah, David has a good point.

AFV doesn't work with collection agencies who take over or buy a debt. The collection agancy doesn't have the original book keeping that would need to be adjusted.
That is what AFV does.
If the debt is on your credit report you would then notice the credit reporting agencies that have it on your record and default them in to removing it.

[robhalford88]

Indeed, that is where you use a conditional acceptance with affidavit in support. I have a couple in process now.