Legal Question in Credit and Debt Law in Massachusetts
a 4-year-old utility debt
I am currently living in GA. However, in 2001 I was living in MA with my boyfriend. We broke-up and I moved to PA, then to GA. Recently I received a bill from a collection agency stating that I owe $400 to a gas company in MA. The bill was for March of 2001. When my ex-boyfriend and I were living together the gas bill was in my name. My question is, should I pay this bill and if I don't, what will the collection agency do to me? FYI: I have not respond to the collection agency.
Thank you.
2 Answers from Attorneys
Re: a 4-year-old utility debt
If the bill's in your name, they likely could sue you. In any event, if the place it on your credit report, it will lower your score and increase your cost for everything from car insurance to home/car loans to credit cards.
Re: a 4-year-old utility debt
It was your obligation to change the gas service out of your name, especially when it involved a breakup with the person using it. Unless the collection agency letter says they now own the debt, they can't do anything more than ask you to pay and take any money you send them. It is unlikely anyone will sue you for $400, since it will cost them more than it's worth, but I cannot guarantee that.
If someone does sue you, you can try to bring your former boyfriend as a "third-party defendant" to pay his share of the bill. That may be difficult unless the suit is in MA and he still lives in MA.
You can call, write or email the gas company and send them a copy of your rent and/or utility receipts to show you moved, and they might adjust the bill, They will want a current address for your boyfriend, unless he moved out at the same time and someone else moved into the apartment.
If you would like me to try to negotiate the bill, I will need the above receipts, the bills and/or collection letter and $150.