Legal Question in Credit and Debt Law in Pennsylvania
I posted this question previously and received a paternalistic, patronizing lecture about personal responsibility and about the absurdity of having any expectation of privacy. Additionally, the response did not accurately reflect the facts of the case. I am posting again in the hope of receiving a legal opinion devoid of moralistic accusation.
1. I was out of the country for three weeks and as a result fell behind on a sewer bill in the amount of $58 for 30 days. (note: the sewer is subcontracted from the water company; I am fully paid with the water company)
2. A week after I returned, I came home to a huge notice taped to my door indicating that my township would request that the water company turn off my water if I did not pay a $108 sewer bill. The additional $50 was apparently for posting the notice, which was dated June 18th (the date of the posting is significant per below).
3. Two days later, I received a letter in the mail, also dated June 18th, warning me that I had a $58 bill that must be paid, else they'd charge me $50 for the notice (which they apparently had already made) and another $50 if the water was actually shut off. Ostensibly, this letter was a warning, but they proceeded with the warned action the same day that the letter was mailed. What is the point of mailing a warning letter if they had no intention of waiting for me to receive the letter before taking action?
4. The notice to my door was a humiliating act of public shaming, particularly as I received no warning at all prior to the notice. Further, the notice included my full name and address for everyone to see even though I have gone to great lengths to remove myself from public listings because of the public nature of my profession.
My questions: 1) Did the township have a right to post that notice after only 30 days and without any warning or follow up bill? and 2) Do I have a reasonable expectation of privacy to a) not have my name posted on my front door and b) not have my personal business announced to the public passing by?
Finally, the person who responded indicated that "Privacy is virtually a dead concept anyway. Big brother is keeping tabs on you." I find it troubling that a lawyer would be so indignant about ones refusal to normalize such a concept, even if it were a current reality. While I am not a legal professional, I know that the right to privacy, despite the plethora of exceptions and nuance, is a natural constitutionally-protected right. In this case, I am wondering if that right should have had a restraining effect on the local township not to post my name, address and amount owed for a bill that was 30 days due.
1 Answer from Attorneys
I can't speak for your township specifically, but in most cases the public notice is required by statute/law/ordinance. There is an assumption that you are present at the property, at some point during the day/week, and that you will see the notice. There is zero chance that this was put up to publicly shame you. The point of it is to put you on notice, and there is a sort of "guarantee" there that you will notice it. Obviously, this will not work if this is a property that you rent or never visit, but the assumption is that you are there and that you will see it. Maybe you think that another method of notice would have been better, and maybe I agree, but, again, I am pretty certain that they are acting according to local law, or at least are trying to.
As far as the timing of the notice, I cannot answer that because again, that time frame may be specifically spelled out in your ordinance.
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