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Is this fraud?

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SignorFrancesco

Guest
What is the name of your state? California

I am posting this for a friend of mine who is afraid to come forward.

My friend moved into an apartment and needed phone service. My friend was recently divorced, had 50% custody of his children, and had severe money problems. My friend could not get phone service in his name, because of the size of deposit needed at that time.

The phone service in the apartment was still on from the last tenant. My friend received a deliquent payment notice for the phone service for the last tenant, along with several others for various accounts.

Because my friend needed phone service, due to the divorce agreement, he decided to just pay the last tenant's phone bill until my friend could get service in his own name, and until the service was finally shut off by the other guy. He figured that the last tenant would shut off service and get new service somewhere else. The last tenant never shut the service off, for about two years this went on until my friend got his own money problems solved, and so my friend just kept paying under his own name.

My friend finally got service turned on in his own name. When he called the phone company to cut off the other service, explaining that the last tenant had just moved out without shutting off service, the phone company contacted the last tenant's parents and confirmed that he'd moved.

Several months later my friend moved from the apartment and paid his final bill. He'd mistakenly paid the money to the last tenant's account, and had to get the error corrected. Somehow a balance was left on the last tenant's account, and my friend decided he'd pay that as well, just because he felt it was the right thing to do.

In the move, my friend forgot about this situation, and several months later remembered. My friend contacted the phone company and explained the mix up. The phone company gave my friend the collection agency's number where the last tenant's account had gone to. My friend contacted the agency and paid the balance.

My friend is afraid that the last tenant will eventually try to get service again, call the phone company, and they will require him to pay a deposit from the balance he owed way after moving out from that apartment. The last tenant could then possibly find out that my friend used the phone service that was left on, and that the account had gone to a collection agency. The last tenant was sent many collection agency notices during the two plus years my friend lived at the apartment, so the last tenant was apparently not very concerned about such things.

My friend wants to know if he can be arrested, sued or jailed for having taken part in any of this. Is this fraud? Was it illegal? What should he do from here to make sure this isn't a problem in the future?
 


HomeGuru

Senior Member
SignorFrancesco said:
What is the name of your state? California

I am posting this for a friend of mine who is afraid to come forward.

My friend moved into an apartment and needed phone service. My friend was recently divorced, had 50% custody of his children, and had severe money problems. My friend could not get phone service in his name, because of the size of deposit needed at that time.

The phone service in the apartment was still on from the last tenant. My friend received a deliquent payment notice for the phone service for the last tenant, along with several others for various accounts.

Because my friend needed phone service, due to the divorce agreement, he decided to just pay the last tenant's phone bill until my friend could get service in his own name, and until the service was finally shut off by the other guy. He figured that the last tenant would shut off service and get new service somewhere else. The last tenant never shut the service off, for about two years this went on until my friend got his own money problems solved, and so my friend just kept paying under his own name.

My friend finally got service turned on in his own name. When he called the phone company to cut off the other service, explaining that the last tenant had just moved out without shutting off service, the phone company contacted the last tenant's parents and confirmed that he'd moved.

Several months later my friend moved from the apartment and paid his final bill. He'd mistakenly paid the money to the last tenant's account, and had to get the error corrected. Somehow a balance was left on the last tenant's account, and my friend decided he'd pay that as well, just because he felt it was the right thing to do.

In the move, my friend forgot about this situation, and several months later remembered. My friend contacted the phone company and explained the mix up. The phone company gave my friend the collection agency's number where the last tenant's account had gone to. My friend contacted the agency and paid the balance.

My friend is afraid that the last tenant will eventually try to get service again, call the phone company, and they will require him to pay a deposit from the balance he owed way after moving out from that apartment. The last tenant could then possibly find out that my friend used the phone service that was left on, and that the account had gone to a collection agency. The last tenant was sent many collection agency notices during the two plus years my friend lived at the apartment, so the last tenant was apparently not very concerned about such things.

My friend wants to know if he can be arrested, sued or jailed for having taken part in any of this. Is this fraud? Was it illegal? What should he do from here to make sure this isn't a problem in the future?
**A: tell him to move to Mexico under an assumed name.
 
Several months later my friend moved from the apartment and paid his final bill. He'd mistakenly paid the money to the last tenant's account, and had to get the error corrected. Somehow a balance was left on the last tenant's account, and my friend decided he'd pay that as well, just because he felt it was the right thing to do.

If both bills were paid off in full, why did the account go to collections?
 
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SignorFrancesco

Guest
Move to Mexico, ha. . . ha. . . What a great advice that is. . . . . .

Anyway, when my friend cleared up the mix up on payment for his final bill, apparently they took too much from the last tenant's account, or something else happened. My friend wasn't positive that a balance was left, but wanted to check up on it soon after just to make sure, since he had good reason not to trust the phone company's ability to handle such situations.

He's not exactly sure why there was a balance left, because the last tenant was even receiving refund checks from the phone company at the end, which my friend sent back to them as "no longer at address". But there was a balance when he finally remembered to check, and he paid it.

Any thoughts more helpful than my friend going on the "lamb"?
 
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SignorFrancesco

Guest
Yes, the bills were in the last tenant's name, and my friend always paid using his own name.
 

Happy Trails

Senior Member
SignorFrancesco said:
Yes, the bills were in the last tenant's name, and my friend always paid using his own name.
It is certainly a crime opening up someone else's mail. He can be linked to that since he paid in his own name.
 
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SignorFrancesco

Guest
He's much less concerned about opening mail that came to his address than he is about paying to use someone else's service, although you've certainly given him something else to be concerned about.

Any thoughts on the problem of paying to use this guy's service when he never shut it off?
 

<Bill>

Member
This is an uneducated guess on the situation, you can't have two service contracts on one line so the contracts between the previous tenant and the phone company so your friend cant terminate that contract because he has nothing to do with it. With all attention given to identity theft lately I might worry that could be viewed as I.T.
But the opening of the other tenants mail is a crime I would be worried about.
If the bills aren't to much just pay them to avoid any additional scrutiny over his illicit actions.
 
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SignorFrancesco

Guest
I don't believe there was any identity theft because my friend only paid the bills for the service that had never been shut off, and that was done in his own name. The phone company doesn't keep such information on record, as to who paid the bills. There are no outstanding bills at this time, as my friend has now paid for anything that was left.

I take it that the opening the mail thing is a problem even if the mail was sent to my friend's address? No, it didn't have his name on it, which I see where the problem comes from, but is there anything that covers mail coming to a proper address but the person named doesn't live there any longer? It's not as if he went into other people's boxes and took their mail, which is a crime as well. He only opened that mail which he received in his own mail box. I know that the old addage about "possession is nine-tenths of the law" ,or some such nonsense, is not wholly correct, but isn't there something that covers a person who receives mail to their address?
 
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SignorFrancesco

Guest
Also, is there anyone, anyone at all, who can give my friend a clear answer about paying for and using a service that someone else never shut off?
 

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