Can collections come after you if debt is not under your name?

jtvang125

Diamond Member
Nov 10, 2004
5,399
51
91
Say you live with a roommate and utilities were under his/her name. You give your half to said person but they never paid them and bailed. They can't locate the person but find that you were living there at the time. Can they try and collect it from you?
 

PottedMeat

Lifer
Apr 17, 2002
12,363
475
126
fuck no. they put their name on the bill, they're on the hook. they don't know you exist.
 

zinfamous

No Lifer
Jul 12, 2006
111,866
31,364
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oh, so what you're saying is, this dude basically scammed you guys out of several month's worth of bill money, too?

excellent.
 

nageov3t

Lifer
Feb 18, 2004
42,808
83
91
no.

but I'd be prepared to be contracted by collections agents trying to find his whereabouts.
 

BoomerD

No Lifer
Feb 26, 2006
66,334
14,746
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It likely won't stop them TRYING to collect from you (as in they will call and IMPLY that you have to pay).

Yep...but unless your state laws are whacked out...you're NOT responsible for the bill. HOWEVER, since you're a resident, be prepared for the utilities to be turned off...and not restored until the bill is paid...Just opening an account in your name probably won't get them turned back on...
 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
Yep...but unless your state laws are whacked out...you're NOT responsible for the bill. HOWEVER, since you're a resident, be prepared for the utilities to be turned off...and not restored until the bill is paid...Just opening an account in your name probably won't get them turned back on...

Especially since they know you lived there at the time of the unpaid bills.

I've even seen utility companies demand high deposits (though not payment of old bills) based on the 'payment history' of a property; and I'm talking about properties that were purchased!
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
No, they can not.

They also cannot refuse you service because a previous tenant has a balance with them. They will not hesitate to turn the utilities on in your name. If you have no payment history with them, they will probably require a deposit.

Guys, share whatever you're smokin'. ;) The idea that they would deny him service because someone else didn't pay their bill is ludicrous. Especially since who knows he lived there at the time of the delinquent roommate? Every CSR that works for the utility? lol.. Don't be silly.

OP, call 'em up and say "I just moved in and need to turn on electrical service". They will say "OKAY!" and set your shit up. I'm sure they can see a list of accounts under each address, but that doesn't matter. They will simply sell his account to a collections agency if he doesn't pay up.
 
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3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
No, they can not.

They also cannot refuse you service because a previous tenant has a balance with them. They will not hesitate to turn the utilities on in your name. If you have no payment history with them, they will probably require a deposit.

Guys, share whatever you're smokin'. ;) The idea that they would deny him service because someone else didn't pay their bill is ludicrous. Especially since who knows he lived there at the time of the delinquent roommate? Every CSR that works for the utility? lol.. Don't be silly.

OP, call 'em up and say "I just moved in and need to turn on electrical service". They will say "OKAY!" and set your shit up.

You've met some pretty easy-going CSRs;)

Try living in a University town; utility companies will do anything they legally can to get paid (because, frankly, they often don't).
 

BoomerD

No Lifer
Feb 26, 2006
66,334
14,746
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No, they can not.

They also cannot refuse you service because a previous tenant has a balance with them. They will not hesitate to turn the utilities on in your name. If you have no payment history with them, they will probably require a deposit.

Guys, share whatever you're smokin'. ;) The idea that they would deny him service because someone else didn't pay their bill is ludicrous. Especially since who knows he lived there at the time of the delinquent roommate? Every CSR that works for the utility? lol.. Don't be silly.

OP, call 'em up and say "I just moved in and need to turn on electrical service". They will say "OKAY!" and set your shit up. I'm sure they can see a list of accounts under each address, but that doesn't matter. They will simply sell his account to a collections agency if he doesn't pay up.

This is a pretty well-known scam on the utility companies. Happens all the time, especially in college towns. Yes, they can (and probably will) require a very high deposit, but they CAN withhold electrical service until the bill is paid...especially if it's known that the address is a "roommate" situation type of residence. I've seen the local utility go after the landlord for unpaid electrical bills...who then has to try to collect from the previous tenant. While the landlord technically isn't the ratepayer, service was provided to his property...and if he wants the power restored for the next tenant, he has to pay the bill...and often, a large deposit as well.


Of course, each state is different, and this may not apply in all.
 
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Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
You've met some pretty easy-going CSRs;)

Try living in a University town; utility companies will do anything they legally can to get paid (because, frankly, they often don't).

Hmm.. Interesting idea, but how can they hold essentially a new tenant responsible for what the old tenant owes? They don't know the back story. They don't know the OP lived there at the same time. It's just a new account to them...

I imagine this can differ depending on the utility and state laws, but.. I've never heard of anything like that with electricity/gas/water/cable/phone. That's why utility accounts are tied to a person/SS# and not the house address.

Same with cars. If someone gets a ticket in a car and you buy it, it's not like you inherit the ticket.

Edit: I admit I may be wrong on this.. Maybe it is different in university towns. I've mostly dealt with utilities in Oregon, and I have never even heard of such a thing. If I called up a utility to start service and they said, "Oh, it looks like the previous tenant had a balance. You'll have to pay that before we can start your service." I would be completely speechless, flabbergasted even. That would blow my mind.. lol

What if the previous tenant fully intended to pay the bill, but had just forgotten in the midst of moving? And you end up paying it? That's crazy. It just doesn't make any sense.
 
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3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
Hmm.. Interesting idea, but how can they hold essentially a new tenant responsible for what the old tenant owes? They don't know the back story. They don't know the OP lived there at the same time. It's just a new account to them...

I imagine this can differ depending on the utility and state laws, but.. I've never heard of anything like that with electricity/gas/water/cable/phone. That's why utility accounts are tied to a person/SS# and not the house address.

Same with cars. If someone gets a ticket in a car and you buy it, it's not like you inherit the ticket.

To be fair, I've never really dealt with this problem personally. I've hooked up utilities with no deposit, and been made to have a deposit 'because of the payment history of the property'. But I've never had anything I considered unfair or onerous.

I've had friends run into some more interesting situations and demands.
 

Dulanic

Diamond Member
Oct 27, 2000
9,968
592
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Some companies *cough directv* will actually just bill your CC for a previous persons bill. It's illegal and can be disputed, but they still do it because some people are too stupid to fight it.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
Some companies *cough directv* will actually just bill your CC for a previous persons bill. It's illegal and can be disputed, but they still do it because some people are too stupid to fight it.

:eek:

That's just plain insane. I'd be pissed.
 

guyver01

Lifer
Sep 25, 2000
22,135
5
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As someone who used to work as a CSR for a utility company...

if the current account has a deliquency on it... and you call and say you moved in and need service turned on.. they'll probably have you fax a copy of your current lease agreement. If your lease says you lived there for the last 4 months.. and are just NOW trying to get service... you're gonna get stuck for the bill.
 

guyver01

Lifer
Sep 25, 2000
22,135
5
61
Stuck with the bill that you have no actual obligation to pay;)

if they can prove that you were at the premise while the bill was accrued... and they can when you provide them the lease... they will transfer the current charges to your account.
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
121
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Not true usually. Most have clauses in the lease that all tenants assume full responsibility for all utilities.

The reason is because ultimately the property owner could be responsible.

But wouldn't that mean that the utility would have to seek recourse from the landlord, and the landlord recourse from the tenants? I don't see a connection between a lease (landlord/multiple tenants) and a seperate utility contract with only one of the leaseholders.

In other words, if tenant 1 has the utllities in his name, and tenant 2 does not, wouldn't tenant 2 have to assume the debts and obligations of tenant 1 before he/she is liable for the debt?
 

BoomerD

No Lifer
Feb 26, 2006
66,334
14,746
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But wouldn't that mean that the utility would have to seek recourse from the landlord, and the landlord recourse from the tenants? I don't see a connection between a lease (landlord/multiple tenants) and a seperate utility contract with only one of the leaseholders.

In other words, if tenant 1 has the utllities in his name, and tenant 2 does not, wouldn't tenant 2 have to assume the debts and obligations of tenant 1 before he/she is liable for the debt?

I'm sure you're right, but the utility company may not restore the electric service until the old bill is paid...whether by the roommates or by the landlord. I'm sure they don't care who pays...as long as it's paid. The old "My roommate had the service in his name...and he's moved out. Please start service in my name" is an old and well known scam.

(again, different states/locales, different laws)
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
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But wouldn't that mean that the utility would have to seek recourse from the landlord, and the landlord recourse from the tenants? I don't see a connection between a lease (landlord/multiple tenants) and a seperate utility contract with only one of the leaseholders.

In other words, if tenant 1 has the utllities in his name, and tenant 2 does not, wouldn't tenant 2 have to assume the debts and obligations of tenant 1 before he/she is liable for the debt?

Nope, the landlord just shows the utility the contract and passes the buck, along with all your information to the collector.

It's not rocket science man, read the fucking lease. Most will have a section on utilities and other encumbrances. The usual verbiage is anything taken on by ANY tenant is shared by ALL tenants.

It doesn't take much thought to know why this is in the landlords best interests with so many dead beats out there.