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louloubarf1 · Oct 22, 2009, 10:27 AM

We rented a house for over 2 years. There is a small attached garage apartment to the house we were renting. When the new tenant moved into the garage apt. the electric company goofed and switched off our electricity and began billing her our usage for 2 months. I received a final bill a month before we were to move out, so I figured it was just our final bill. Upon our move-out date and an inquiry to the landlord regarding our deposit amount, the garage apartment tenant provided me with 2 months of $200+ electric bills. The information is correct and we DO owe the amount. I have no problem paying the full amount that we owe. She has not had her own personal electric bill for 3 months now. She asked that we pay her, and we agreed, but I explained that I would have to pay her in two installments since the total amount was close to $500, and I don't exactly have an extra $500 laying around. She consulted a free attorney and threatened to sue me for the full amount PLUS attorney's fee and who knows what else she would come up with. If I don't have the money to pay her all at once (she didn't pay these bills all at once, she paid them over a period of two months), can she sue me? What are my rights in repaying her?

Thanks for any advice!

this8384 · Oct 22, 2009, 11:24 AM

She can sue you, but I've seen judges dismiss cases as foolish as this.

If you are making efforts to repay the bill in good faith, the prior owner has no grounds to sue you. Make the two payments and let her waste her money on filing fees if she really wants to. And make sure you write on the second check "Paid in full"! :)

louloubarf1 · Oct 22, 2009, 01:14 PM

Thanks so much for the advice. I completely agree that she would be wasting her time and money in trying to bring a lawsuit against me. I really hate litigious people with a passion.

excon · Oct 23, 2009, 05:38 AM

Hello l:

Just to add to the fine advice you've already received, you should know that lawyers aren't allowed in small claims court. So, there would be NO attorney's fees, even if you lost, which you won't - because by the time the hearing happens, the debt WILL be paid.

excon

this8384 · Oct 23, 2009, 06:42 AM

Originally Posted by excon

Hello l:

Just to add to the fine advice you've already received, you should know that lawyer aren't allowed in small claims court. So, there would be NO attorney's fees, even if you lost, which you won't - because by the time the hearing happens, the debt WILL be paid.

excon

No reddie for you, but that's not entirely true. Here in WI, I can hire an attorney to represent me in small claims if I want to; says so right on the form.

SmellyDogsMom · Oct 25, 2009, 08:39 AM

Originally Posted by this8384

No reddie for you, but that's not entirely true. Here in WI, I can hire an attorney to represent me in small claims if I want to; says so right on the form.

You can hire an attorney, but normally, you cannot recover the cost for such when in small claims court. Check with the court.

Fr_Chuck · Oct 25, 2009, 11:38 AM

I would pay her the 1/2 ASAP and get a receipt. So if she does sue that will be a good defense.

Yes she can sue if you don't pay it all "at once" and in fact does not even have to accept a partial payment.

But then it would seem foolish to do so.

this8384 · Oct 26, 2009, 06:42 AM

Originally Posted by SmellyDogsMom

You can hire an attorney, but normally, you cannot recover the cost for such when in small claims court. Check with the court.

Again, inaccurate. In my state, it is up to the judge if they will allow the plaintiff to be reimbursed for attorney's fees. And they usually do.