Legal Question in Consumer Law in New Jersey

Unfair Billing

My husband received a pending litigation from a heating co.The company says he owes them moneny for service.The service was from 11/02,which we had paid a service contract for the year,and the service was covered.They decided to then charge us late & finance fees in 12/04,1/05,2/05,3/05,4/05,5/05,6/05,7/05,8/05,&9/05(if you notice never in 2002 which was when the service was, none in 2003 and only in dec.of 2004),never calling or sending a bill,the only way I know this is there is an itemized statement in the letter they sent.My first question is there a statute of limitations on how long to collect a debt?And is this legal?It shows in the statement that we had paid our service contract.I even have a saved bill form 11/4/02 stating we owe nothing for that service.What are my rights?And what can I do to warn others in my area about this company?


Asked on 10/10/05, 1:14 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Unfair Billing

What did the written agreement say? what did you agree to, in your conversations with them? There are a lot of facts that will affect this situation. The statute of limitations will not assist you, I am sorry to say: if the debt was incurred in 2002 or later and if they have already filed suit they have made the time limit successfully. However, you need to find a decent attorney who will not charge you too much to handle this. A flat fee may be good or bad; make sure that if the attorney takes it on a flat fee, that the attorney does not fail to give it the time it needs (the lawyer will not get paid more nor less for working on it as little as possible).

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Answered on 10/10/05, 2:41 pm


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