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    neil41501's Avatar
    neil41501 Posts: 1, Reputation: 1
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    #1

    Apr 8, 2013, 10:40 AM
    A monthly utility was placed upon me without my consent
    I don't know what I can do, as my fathers passing occurred his wife decided to without mine or my brother knowledge transfer a monthly solid waste bill into our names without consent, now after pike co. Kentucky allowed her to transfer this without any legal consent from either of us, they say I owe almost $3,000.00 in debt from I'm under the assumption my best guess is 6 months was unpaid, and only because weren't aware it was placed into our names, I am very sick can't handle this stress, at this point as to I nor my brother are responsible, they being pike co. ky. Solid waste allowed this to be placed in my name without consent of anykind saying because I paid a few months I assumed debt, only reason I paid this was because it was placed into my name without my consent, then after moving I stopped paying it, I don't know what to do as it was an illegal transfer of debt but I don't know whom to contact I would gladly accept anything you could help me with advice wise please do as with my health and been in hospital in critical care roughly 120 days or so I need help in a very bad way, please do, sincerely sickened to vomiting state of confussion neil t
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 8, 2013, 12:15 PM
    Just so I have this straight - someone changed a monthly utility (in this case waste collection) in your name, you got monthly bills and you paid them. Now you aren't paying them.

    It would seem to me that the time to argue that you did not order/benefit from/authorize this service was when you got the bill and paid it, even though it wasn't yours -

    Now you either can't or won't continue to make the payments.

    Am I right?

    Did you benefit from the services? I think you are blaming the wrong people. You paid the bill. How was the utility company to know you were not the responsible person if you didn't tell them right from the start? I agree - by paying it you assumed responsibility.

    Are you leaving something out?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 8, 2013, 12:32 PM
    I'm reading this differently. I'm reading that you were not aware of the transfer and that you received no statements until recently. Is that correct.

    If so, you send the utility a letter stating that a) you did not request that the utility be placed in your name and b) you have no interest in the property mentioned. Therefore you have no responsibility for these bills.

    Now the only caveat here is that you don't have an interest in the property. If you inherited the property and it was deeded to you as part of the distribution of your father's estate, then you probably owe these bills and need to work out a settlement with the utility.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 8, 2013, 12:43 PM
    Scott, I hinged on this:... "saying because I paid a few months I assumed debt, only reason I paid this was because it was placed into my name without my consent, then after moving I stopped paying it, ..."
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 8, 2013, 02:59 PM
    Whoops missed that. Yep that might have an affect on your ability to protest. And I would like to hear the answer as to whether you inherited the property before I advise further.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 8, 2013, 04:17 PM
    Quote Originally Posted by JudyKayTee View Post
    Scott, I hinged on this: ... "saying because I paid a few months I assumed debt, only reason I paid this was because it was placed into my name without my consent, then after moving I stopped paying it, ..."
    Paying someone else's bill is not the same as assuming a debt.

    If the bill was sent to OP's father, and OP paid it anyway, He can argue that his paying the bill for a few months was a voluntary "gift" to the father's estate. On the other hand, if the bill was addressed to OP, he should notify the utility that they have been billing the wrong person, and demand a refund. The third possibility, that he actually assumed the debt, would depend on whatever he did, wrote, or said to so "assume" it.

    The concept OP is asking about, an "illegal transfer of debt", is not how things work. If I owe someone money (debt), and if you tell the creditor that someone else owes it, that doesn't make it so. If the creditor sues that someone else for that debt, the creditor would have to prove that the other person is somehow liable. The fact that you said I owe it is not any kind of proof.

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