Legal Question in Credit and Debt Law in New Jersey

Gas Bill

I have been a faithful customer of the local gas co. 2 yrs. ago I was separated from my husband, and at that time he bought me out of our house. my separation papers state that my husband was to remove my name from any utilities and he was to have them placed in his name only and I would no longer have any obligations to anything dealing with the house. well recently I received a gas bill for over $1,000 that was in my husbands account that apparenly still has my name on it and I did not know this because 2 years age my name was to be removed when I started my own account. I never received a late bill. I pay my own gas bill on time every month, now I am being sent to collections for a bill i had no clue my name was even on still, my husband was to have taken me off of there 2 yrs. ago. I never was given one notice about this bill. this bill stems from about 6 mos. of unpaid bill by him. I use the same gas co. and they have my address so they could have easily sent me a message to find out what was going on, now they want to turn my gas off, and i am right in the middle of purchasing a home, and will now cause a problem on turning on gas at my new home if I do not pay this bill. Am I legally bound to pay this bill. Ty Joann


Asked on 9/14/07, 10:31 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Gas Bill

Unfortunately, there is no clear answer to your question. Different judges would see the issues in different way and, as far as I know, there is no overall governing case law. One general principal is that joint debtors remain separately liable on an account. The creditor, who is not a party to any agreement or settlement between the debtors is not obligated to let one off the hook when cicumstances change. However, public utilities are different. They don't depend on the creditworthiness of their customers since they are obligated by law to service everyone (within limits). So the reliance argument falls apart. That is why the Family Part judge was specific in ordering that your name was to be off the account; it would have prevented a knotty problem for the court.

For the moment, the debt should not affect any other service that you have. If it does, you will have to initiate legal action. If things remain stable, you can hold to your contention that you are not liable. If the gas company sues you (and they might), you should claim against your ex. If you win, your claim can be docketed as a lien against any interest that your ex has in the house. You will also have other means of collection the debt. Call a lawyer; get some help.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/15/07, 12:27 am


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