Legal Question in Credit and Debt Law in New York

Roomate kept using electric

My husband had an apt. with his now ex-girlfriend, and moved out in May of 1998. We just pulled his credit report and found an electric bill in which the date of last activity was July of 1999. It was just posted this year in Feb. This was almost 5 years ago, and he does not remember whether he did or did not cancel this service. And if he did,we no longer have proof. We are disputing this through the credit bureau, but would like to know our rights. Is he responsible for this bill if he wasn't living there? The collection agency said it will take 6 to 8 weeks for us to receive an itemization of the montly bills. Is that legal for them to make us wait this long with this on his credit report? Any and all advice is extremely appreciated.


Asked on 7/20/03, 12:30 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Roomate kept using electric

This is very starnge. The electric company must bill you sooner than 5 years and the credit card company must do the same. Either this problem can be attacked through the late posting or I do not understand the facts properly.

You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/21/03, 4:47 pm
Daniel Hawes Hawes & Associates

Re: Roomate kept using electric

I'll bet you called them on the telephone, right? And that's when they said you should wait a couple of months to receive the statements? I don't suppose you noticed the statement of your rights on the collection agency's bill to you? Especially where it says, "you can call on the telephone if you want to, but doing so will not preserve your rights under the law."

You have thirty days from receipt of the statement in which to demand written verification of the debt, but you have to do so in writing. When they tell you to wait a couple of months to get your information, they're doing that precisely so that you'll be induced to allow your rights to expire.

If you're not going to send a written demand for verification, the way it says on the statement, to the address it identifies on the statement for billing disputes, you may as well just pay the bill now. After thirty days, it won't much matter whether you're right or wrong, because they'll get a judgment against you anyway.

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Answered on 7/21/03, 10:08 am


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