Legal Question in Civil Litigation in Florida

Collection of unspecified debt.

We purchase a home in March of 1996. We moved in at the end of April 1996. We received 2 utilities bills per month, one for @5.28 and another between $60- 110. per month which were always paid promptly. Just a few days ago the local electric company came out and said that the electric meter on our home was faulty ( they clearly stated that this was NOT our fault , that the meter was old and defective and we were not in anyway responsible for its malfunction) and that they were going to back bill us based on our current consumption back to March of 1996. Based on thier guesstimate at that time it appears we are talking about thousands of dollars!!! My husband is the sole supporter of our family of 5 as I recently lost my position as a night school instructor due to fund cuts. We are scared to death...we have 3 kids the oldest is 5...and no way can we come up with this. Is this legal??? Can they turn our electric off??? The were nice about it but how can they bill you for all those months based on one month of service. There are many variables such as if the AC or heat are on, if you were in the home or traveling, etc. HELP! We dont know who to contact. Thank you.


Asked on 10/30/97, 1:59 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

electric bills past payments

The electric company is regulated by the PublicService commission which might have someregulation dealing with your situation. You can alwaysfile a declaratory action with the court and aska judge to give a decision. Unfortunately, legal fees are very expensive. Try callinglocal legal referral services to assist youin finding an attorney who will handle yourcase.

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Answered on 10/31/97, 8:09 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Estimated Fla. Past Electric Bill

Company should allow you to pay in installments. You can monitor for awhile and check to see if the charges are in line with what they are charging you.You should have the right to a meeting/hearing to determine when the meter became defective and started to give bad readings. Why do they assume it was bad from the start? What else did they say to you about their proof of when the defective condition started? Local power co. where my office is located says I own the meter and am responsible for it. Ask them who owns the meter and is responsible for defects- you or them. If they were negligent and not you, then why should you pay for their mistake? Don't give up so easily. Check with Legal Aid to see if you qualify for assistance. Good luck.

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Answered on 11/01/97, 10:33 am


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