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william1965 · Feb 16, 2006, 09:12 PM

I live in a small town in California and recently sent in my payment for utilities (water, garbage and sewer). The bill was due on the 9th and I mailed it on the 6th. I just got a bill in the mail for $25 stating that I paid late. The total of the original bill was $65.
Is it legal to charge a 40% late charge for being one day late? Can I prove that I made the payment on time if it was sent in the mail?

Thanks

mr.yet · Feb 17, 2006, 03:40 AM

Any bill received by you is a contract, start making and copy of the bill and add this to every one you mail out.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on ____ day of ______ , 2006 a copy of the

Foregoing ____________________________
Was mailed, First Class, postage prepaid, to:

Company
Address
State and zip
Fill in name

______________________________________
John Doe
Your address
Propia Persona proceeding Sui Juris

educatedhorse_2005 · Feb 17, 2006, 03:43 AM

They got to stick it to you when ever they can

And yes it is legal to do this

cgg0002 · Feb 17, 2006, 07:04 AM

If your payments have always been paid on time they will usually waive to late charge.

fredg · Feb 17, 2006, 07:07 AM

Hi,
Unfortunately, YES, it is legal. Even though you mailed it before the due date, the Rule is that they must have it in their little hands, Before the due date. A postmark doesn't count.
For example, if a bill says, Past Due Date: 02-24-06; it means the payment must be in their possession no later than the 24th.
Our own Public Service Utility works the same way, with Water and Sewer service. But, it's only about $2.25 for a late payment; about 13%.
They really "socked it to you"!
Best of luck.

NeedKarma · Feb 17, 2006, 07:09 AM

It may not be a case that it's 40%. It could be a standard fee regardless of the amount.

cgg0002 · Feb 17, 2006, 07:30 AM

I would try to call them and ask them about waiving the fee - this has happened to me before and they waived it for me.

Fr_Chuck · Feb 17, 2006, 08:50 PM

Yes as stated, if you are a long time customer, you are never late normally, if you talk to them most likely they will give you a credit for this.

Unless it is specificlly noted in your contract with them, the paymnet is not received until they credit it to your account.

The postage date is not the date of being late or not and has not bearing on the issue. If you mailed it two weeks early and it got lost in the mail, it may make a good story to convince them, but it would still be late if not in their hands,