Legal Question in Credit and Debt Law in California

Do I have to pay for a load of propane that was delivered to my house in error by the driver? I had stopped using this company about a year ago because their prices were generally higher than other providers. They called me at work in September to tell me their driver had accidentally delivered 181 gallons of propane but they would give me a good deal on price and spread payment over two, three or four payments. Their price was $2.49/gallon. The following week there was a postcard in my mailbox with a special offer at $2.34/gallon. Now they've sent me a bill which just arrived Saturday saying the bill was Past Due. I just want to know if I have to pay for something I didn't order.


Asked on 10/09/11, 2:09 pm

1 Answer from Attorneys

I do not know if there is some special law or regulation under utilities law for propane providers, but under general California law you do not have to pay for it, and efforts to collect payment for it would be illegal. If they provided the propane in good faith error, they have a right to it back, but they must come get it. I'm pretty sure most propane providers do not have the equipment to do that. Send them a letter telling them that they are in violation of California Civil Code section 1594.5 in trying to collect payment for the propane. Tell them that they can be fined up to $2,500 for each separate attempt to collect payment, and that if you have to sue them to enjoin them from continuing to try to collect, you are entitled to make them pay for your attorneys fees. If they continue to try to collect after you send that letter (send it certified mail, but NOT return receipt requested) call me and unless there is some special legal provision protecting them, or the facts are actually different than you describe, I will be happy to sue them for you on a contingent fee basis.

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Answered on 10/10/11, 1:15 pm


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