Do I have to Pay?

[Nyckee_6]

What is the name of your state (only U.S. law)? Illinois

We received a letter from our propane company in early March stating that we needed to call them before March 10, 2009 to explain our intentions on paying our bill otherwise they were going to file in small claims against us. We called March 9th to let them know we had a plan put in to action to get them their money and that a check for $600 dollars was on its way. According to our bill statement that $600 was posted to our account on March 11th. The morning of March 11th we were woken up to a police officer knocking on our door to serve us a summons. After looking over the summons, we realized that the small claims charges were filed March 5th which was before the date we were told we had to contact the company by. I called the propane company and they apologized and said they would dismiss the claim which they did. The problem is they are now trying to make us pay the $83 it cost them to file against us and the $60 dollars it cost to dismiss the case according to the bill I received today, April 10, 2009. Am I responsible for paying this?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Illinois

We received a letter from our propane company in early March stating that we needed to call them before March 10, 2009 to explain our intentions on paying our bill otherwise they were going to file in small claims against us. We called March 9th to let them know we had a plan put in to action to get them their money and that a check for $600 dollars was on its way. According to our bill statement that $600 was posted to our account on March 11th. The morning of March 11th we were woken up to a police officer knocking on our door to serve us a summons. After looking over the summons, we realized that the small claims charges were filed March 5th which was before the date we were told we had to contact the company by. I called the propane company and they apologized and said they would dismiss the claim which they did. The problem is they are now trying to make us pay the $83 it cost them to file against us and the $60 dollars it cost to dismiss the case according to the bill I received today, April 10, 2009. Am I responsible for paying this?

There are two ways to look at this.

One, the propane company DID say you had until the 10th to CONTACT them before they would file a small claims case. By filing on the 5th, earlier than they said they would, essentially they jumped the gun. The fact that they apologized and promptly dropped the case acknowledges this. But now, to try and make YOU PAY seems pretty ballsy.

The company could be looking at this as the costs of collection, which they would ordinarily be entitled to. But they would never have incurred these costs had they waited for the passing of the deadline they had themselves set. Perhaps they were assuming that you wouldn't follow thru and filed prematurely, but you did your part as you promised. And even though your payment arrived one day after their deadline, you said that the letter said to CONTACT them, not to completely clear your account by that deadline, right?

I say don't pay it. They should have to eat the cost of their premature filing and subsequent dismissal of a case they wouldn't have filed had they kept their own agreement as specified. But don't expect them to be so lenient if the same situation happens again. Better yet, don't put yourself into that corner again.