Legal Question in Credit and Debt Law in New York

Can Niagra Mohawk Make Us Pay Three Hundred Dollars That They Claim We Owe From

after receiving our monthly Nimo bill we noticed that under misc and or adjustments it said 3oo.oo on top of the amount for that month.after calling we were told that ''back in 1998,we owed threehundred dollars and it was put into collections.They then stated it recently came out of collections and now we have to pay it.We have no idea where this came from and cant prove otherwise that we dont owe it.Also,we were always told that they just shut you off when u are behind.What are out options if any at this point?Its their word against ours.


Asked on 3/03/03, 1:16 am

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: Can Niagra Mohawk Make Us Pay Three Hundred Dollars That They Claim We Owe F

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Ordinarily, companies can not inflict this on you. Once they send a bill (as they do each month) they typically can not change it retroactively an dmake it higher except in the most unusual circumstances. They are "estopped" from doing so.

But power companies may have special rules and laws that apply to them only, as they are specially and carefully watched by the state and other agencies.

I suggest a letter copied to the State Public Sevice Commission and to your county's Department of Consumer Affairs asking for a detailed explanation of the bill and why it was delayed so long. Then make your next move after that.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900

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Answered on 3/04/03, 8:34 am


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