Legal Question in Civil Litigation in Colorado

Civil litigation

I have an outstanding debt of about $8800 to xcel energy (utilities). i moved into my friends house in july 2007 with her and her kids. the power got shut off because she owed them alot of money. they came and took the meter and everything. so i agreed to put it in my name. i gave her cash to pay xcel every month from july until november when we movedout. in jan 2008 i found out that there had never been one payment made towards it. then in march 2008 i found out that xcel had pinned her entire bill ($7500 or so)on me. it goes back to 2003. i didnt even know her then and i was under age18. i've called xcel and they said that they knowthat it is her bill not mine but they don'tknow howto contact her or where to bill her, so they closed her account and added it all onto mine. she refuses to do anything about it. can i take her to court and forceher to pay it, or is it all on me for good? if i can take her to court,how might i go about doing that? would i have to hire an expensive lawyer and the whole nine yards? thank you, any information i can getis very much appreciated.


Asked on 5/01/08, 7:32 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Civil litigation

You're on the hook for the bill from the moment it was put in your name. Unless you specifically agreed to assume her previous debt, and did that in a writing you signed, you cannot be held to account for anything before that.

I don't think you have much of a case for suing her for the portion of the bill you assumed. I find it difficult to believe that you gave her money to pay your bill: people normally pay a bill directly to the company. And I'm a defense lawyer; if I don't believe it, I doubt a judge will.

If Xcel refuses to bill you only for the amount due since you put the account in your name, Xcel is the party you should be suing. You don't have to hire an expensive lawyer: you could hire a cheap lawyer who couldn't find his way to the courthouse, and throw even more money away.

Settle it with Xcel, and settle it yourself, by reminding them they've already conceded the previous bill is hers, and making payment toward your own bill (again, everything they freshly billed you for after you took on the account).

Good luck.

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Answered on 5/03/08, 1:11 am


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