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Deperate Times Called For This

  • Thread starter LINKINPARKSGIRL
  • Start date

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LINKINPARKSGIRL

Guest
What is the name of your state? New Jersey

please help me, I am trying to find out what happens when your electric was turned off and you turn it back on? what is the penalty? My electric got turned off and i owe alot of money, however it snowed and it was very cold, i only needed a couple of days and now I have the money to pay it in full, but I do not want to go to jail. I had nowhere to go stay for a couple of days and i have two kids. please somebody help me I am desperate. I want to pay for my electric but I know I am going to get in trouble!!!!! what am i facing?
 


Beth3

Senior Member
Why do you think you would go to jail for being in arrears on the electric bill?

All that will be required is payment of the past-due bill and probably some kind of fixed fee for turning the electricity back on. Contact the electric company right away - your two children can't be without heat during the winter months.
 
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LINKINPARKSGIRL

Guest
two people told me that we could go to jail ,its like theft or stealing from the electric or something. I am so scared to call them. I have no problem paying a fine or something, but i heard you could go to jail or be arrested
 

Beth3

Senior Member
If all that has happened is that you got past due on the electric bill, that is not a crime and you will not go to jail.

If you're really worried about this, then call the electric company without giving your name and ask them about your situation and how to get the electricity turned back on.
 
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LINKINPARKSGIRL

Guest
it was turned off, we illegally turned it back on for a couple of days until we could get the money up. we have the money now. so my question is what is the penalty for that? The electric company came out and shut me off cause i owed them money, i did not have the money to pay them at the time. it has been a couple of days, but i could not leave the kids without heat and stuff so we took the lock off ( really stupid move I know) but now i have the money. i am just petrified out of my mind. i have never ever done anything like this before and do not plan to do it again, but i just wanted to know before i called what is going to happen to me like is there a law or procedure or minimum of something, i am not to sure what i am trying to ask other than am i going to be arrested??
 

JETX

Senior Member
Beth, your missing the fact that they went out and turned the utility back on when it had been disconnected. That is Theft of Service.

What will happen is the utility company will come out to reinstate the power when paid, and see that their lock has been removed. As such, they could file theft charges against you.

New Jersey Statute:
"2C:20-8. Theft of services
a. A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service. "Services" include labor or professional service; transportation, telephone, telecommunications, electric, water, gas, cable television, or other public service; accommodation in hotels, restaurants or elsewhere; entertainment; admission to exhibitions; use of vehicles or other movable property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.
b. A person commits theft if, having control over the disposition of services of another, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

c. Any person who, without permission and for the purpose of obtaining electric current, gas or water with intent to defraud any vendor of electricity, gas or water or a person who is furnished by a vendor with electric current, gas or water:
(1) Connects or causes to be connected by wire or any other device with the wires, cables or conductors of any such vendor or any other person; or
(2) Connects or disconnects the meters, pipes or conduits of such vendor or any other person or in any other manner tampers or interferes with such meters, pipes or conduits, or connects with such meters, pipes or conduits by pipes, conduits or other instruments--is guilty of a disorderly persons offense.

The existence of any of the conditions with reference to meters, pipes, conduits or attachments, described in this subsection, is presumptive evidence that the person to whom gas, electricity or water is at the time being furnished by or through such meters, pipes, conduits or attachments has, with intent to defraud, created or caused to be created with reference to such meters, pipes, conduits or attachments, the condition so existing; provided, however, that the presumption shall not apply to any person so furnished with gas, electricity or water for less than 31 days or until there has been at least one meter reading.

A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.

d. Any person who, without permission or authority, connects or causes to be connected by wires or other devices, any meter erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer by any vendor of electricity within this State, or changes or shunts the wiring leading to or from any such meter, or by any device, appliance or means whatsoever tampers with any such meter so that the meter will not measure or record the full amount of electric current supplied to such customer, is guilty of a disorderly persons offense.

The existence of any of the conditions with reference to meters or attachments described in this subsection is presumptive evidence that the person to whom electricity is at the time being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that the presumption shall not apply to any person so furnished with electricity for less than 31 days or until there has been at least one meter reading.

A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.

<snip>

k. In addition to any other disposition authorized by law, and notwithstanding the provisions of N.J.S.2C:43-3, every person who violates this section shall be sentenced to make restitution to the vendor and to pay a minimum fine of $500.00 for each offense. In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees.

l. The presumptions of evidence applicable to offenses defined in subsections c., d., e. and h. of this section shall also apply in any prosecution for theft of services brought pursuant to the provisions of subsection a. or b. of this section."
 
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LINKINPARKSGIRL

Guest
so by my understanding, I will have to pay a $500.oo fine? the only reason I turned it back on is because it snowed this week, that is it. I will admit I have at times in the past had my electric turned off but have never concieved of doing such a thing as this, and I surely will not do it again. but I have to call the electric company tommorow morning and have it turned back on. I do not know if i should tell them the truth or let it be found. can anyone tell me about winter terminations in new jersey? several people have told me that they cannot turn your electric off during the winter months if you have children?
 
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LINKINPARKSGIRL

Guest
also food for thought, is it theft if you pay what you owe in full, and they come to turn your service on and your meter is running, arent you going to pay that on your next cycle anyway? I am going to wind up paying for the electric that I have used in the past week, its not like I am trying to go without paying for it...........
 

Beth3

Senior Member
Halket, I missed it is because LINKINPARKSGIRL never mentioned they illegally turned the electricity back on until her third post.
 

JETX

Senior Member
"I will have to pay a $500.oo fine?"
Very likely more than that. The MINIMUM fine is $500.00, plus all kinds of extras as allowed (restitution, plus "In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees").

"is it theft if you pay what you owe in full, and they come to turn your service on and your meter is running, arent you going to pay that on your next cycle anyway?"
It is still theft and subject the penalties noted above. The fact that you are going to have to pay for the amount 'stolen' does not negate the fact of the theft (no more than returning the money to the bank 'undoes' a robbery).
 

HomeGuru

Senior Member
In addition, there could be other charges brought forth by the electric company such as meter tampering etc.
 
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hmmbrdzz

Guest
It's defiinitely illegal! And it's definitely going to cost you a lot of money. (And Beth -- it was in her first post. I was reading your responses and thinking "this poor cold girl is gonna think she's got smooth sailing ahead if someone else doesn't respond!)

hmmbrdzz
 
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LINKINPARKSGIRL

Guest
I definately do not believe it is smooth sailing from here and never have, as for the illegal thing Yes it was in my first post because I know and understand what I did was wrong, however if you were in the middle of the winter and it was snowing and you had two kids what would you do? you know you dont have the money for a couple of days anyway so what do you do ? we had 20 deaths in nj related to this storm we just had... in other words i am not trying to justify what i did i admit what i did was wrong but it justwasnt so i could get free electric, its not like its the middle of march and i just did it to be spiteful. what my real question was and is , is can I be arrested when they come to turn the electric on? can I be arrested after? also is there not some kind of winter termination law that is supposed to prevent things like this if you have children?
 
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hmmbrdzz

Guest
Hi Linkiparksgirl: In our state, there is law that says electric companies cannot disconnect power when death may occur to someone in the household if the power were disconnected. This does not mean that one can continue to get free power. You would have had to be deemed "qualified" for social services funding and emergency funding for power companies to give you a break. There is no law that says under severe conditions one can cut it back on after it's been disconnected for failure to pay. That is illegal. I don't know if you'll be arrested, but you have broken the law. I'm not saying what you did was wrong. Desperate times call for desperate measures in some cases, and you were apparently desperate. But now you may have to pay. We had 16 deaths in our state from carbon monoxide poisoning because people were trying to heat their houses with
something -- even CHARCOAL. They were desperate and wound up dead. I feel for you. I hope you won't get in too much trouble, but next time ?? If you can't pay your bills and have small children, go apply for assistance instead of trying to break the law. It will catch up to you at the worst times.

hmmbrdzz


LINKINPARKSGIRL said:
I definately do not believe it is smooth sailing from here and never have, as for the illegal thing Yes it was in my first post because I know and understand what I did was wrong, however if you were in the middle of the winter and it was snowing and you had two kids what would you do? you know you dont have the money for a couple of days anyway so what do you do ? we had 20 deaths in nj related to this storm we just had... in other words i am not trying to justify what i did i admit what i did was wrong but it justwasnt so i could get free electric, its not like its the middle of march and i just did it to be spiteful. what my real question was and is , is can I be arrested when they come to turn the electric on? can I be arrested after? also is there not some kind of winter termination law that is supposed to prevent things like this if you have children?
 

JETX

Senior Member
Q1) "can I be arrested when they come to turn the electric on?"
A1) Arrested?? Possibly, especially if they want to make an example. Charged? More likely.

Q2) "can I be arrested after?"
A2) See A1

Q3) "also is there not some kind of winter termination law that is supposed to prevent things like this if you have children?"
A3) After a cursory review of Tennessee Rules and Regulations, I wasn't able to find anything as to a 'winter termination' limitation; however, I did find a document ("CITY OF OAK RIDGE, OAK RIDGE, TENNESSEE, RULES AND REGULATIONS GOVERNING ELECTRIC POWER DISTRIBUTION"). It does not provide any 'winter' termination relief, but does provide some insight into billing, theft of service and termination 'policies'. A copy can be found at:
http://www.cortn.org/EL-html/newweb/Rules and Regulations.pdf
There may be some local rules, but since we don't know where you are or who provides your service, you may have to talk directly with them.
 

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