Joint and Several Liability for Unpaid Bills

[emilward85]

I live in California and my electric company (Southern California Edison) is trying to hold me "jointly and severally liable" for an unpaid bill left by my Uncle. My uncle and I lived together last year but the utility bill was in his name. He now lives in a medical care facility and, at that point, I opened up a new account in my name. Now the utility company is saying since I was "occupying the same premises" during the period in question resulting in the unpaid amount ($2700) they are sticking me with the bill. I looked up joint and several liability laws in CA concerning non-economic damages (prop 51) and economic charges but I am still not sure whether or not I am LEGALLY responsible for the unpaid bill

 

[Ohiogal]

I live in California and my electric company (Southern California Edison) is trying to hold me "jointly and severally liable" for an unpaid bill left by my Uncle. My uncle and I lived together last year but the utility bill was in his name. He now lives in a medical care facility and, at that point, I opened up a new account in my name. Now the utility company is saying since I was "occupying the same premises" during the period in question resulting in the unpaid amount ($2700) they are sticking me with the bill. I looked up joint and several liability laws in CA concerning non-economic damages (prop 51) and economic charges but I am still not sure whether or not I am LEGALLY responsible for the unpaid bill

You used the utility correct? You benefited from it. Why wouldn't you be responsible for it? Do you think you get to steal $2700 from the electric company?

 

[Zigner]

You used the utility correct? You benefited from it. Why wouldn't you be responsible for it? Do you think you get to steal $2700 from the electric company?

Because s/he had no contractual requirement to pay for it. I think SCE is overstepping on this one. They need to collect from Uncle.

 

[emilward85]

I am not trying to "get out" of anything. I have already made arrangements with SCE to pay this balance, however. I cannot seem to find any joint and several liability cases or law that pertain to financial responsibility for an unpaid bill, contract fullfillment, etc. I was just wondering if it is even legal. The account as well as service contract signed was between my uncle and SCE. Although I was occupying the same house, the bill was still in his name and he is the one who refused to pay it. An account that he has held with SCE for several years prior to me moving in.

 

[tranquility]

There is no "joint and several" liability under contract unless a person is a party to the contract. And, there is no claim of tort here so I'd say the company is just blowing smoke. Of course, that does not mean there couldn't be some problem. They don't have to open up a new account at the same residence under utility rules if one of the party is a continuous resident. Otherwise, a group of residents can just kite an electric bill among the parties with a change of account. Also, there could be an argument you accepted the benefit of the electricity and could be held accountable in quantum meruit. However, I don't know if that would be true when there is an already existing contract that covers who is responsible for the service and what the amount required it.

Bottom line, I don't think you are "legally" responsible for the bill. There is a slight chance the company could sue you and win on another theory, but the amount would be less and I think success unlikely. The utility is not required to allow you to get a contract at the same residence so will not have to supply it with electricity.

 

[justalayman]

Unless ownership or leasehold ownership of the property changed, the utility company can do what they are doing. Changing the named customer whent the underlying ownership/control of the premises remains unchanged is a common ruse used to avoid paying delinquent utility bills.

So, while the utility company may not be able to collect, through the courts, from the OP, they can refuse to provide service to the residence until the delinquent account is paid by somebody.

 

[emilward85]

Unless ownership or leasehold ownership of the property changed, the utility company can do what they are doing. Changing the named customer whent the underlying ownership/control of the premises remains unchanged is a common ruse used to avoid paying delinquent utility bills.

So, while the utility company may not be able to collect, through the courts, from the OP, they can refuse to provide service to the residence until the delinquent account is paid by somebody.

Actually, when I moved in my uncle Quit Claimed the house to me (due to the progressively degenerative nature of his fatal dementia). We had a notorized doctors note stating my uncle was of sound mind during the quit claim. I haven't filed the quit claim yet (I'm not sure if I actually want his house). Either way, does this matter at all?

Again, I'm not trying to skip out on a bill or make anything difficult for anyone. I'm a pretty passive person and I don't want any hassles. But I don't want to be bullied around either and I can't help feelilng that's the case

 

[justalayman]

Actually, when I moved in my uncle Quit Claimed the house to me (due to the progressively degenerative nature of his fatal dementia). We had a notorized doctors note stating my uncle was of sound mind during the quit claim. I haven't filed the quit claim yet (I'm not sure if I actually want his house). Either way, does this matter at all?

Again, I'm not trying to skip out on a bill or make anything difficult for anyone. I'm a pretty passive person and I don't want any hassles. But I don't want to be bullied around either and I can't help feelilng that's the case

You think you are being bullied because the utility wants payment for what your uncle AND YOU used? Seriously dude. if nothing else, you have a moral obligation to pay the bill.

Playing games like this is far from being passive.

 

[emilward85]

You think you are being bullied because the utility wants payment for what your uncle AND YOU used? Seriously dude. if nothing else, you have a moral obligation to pay the bill.

Playing games like this is far from being passive.

Playing games? I already stated that I have already made arrangements to pay the balance. I am LITERALLY ALREADY in the process of paying off the debt. How is that playing games? I'm just trying to see if i'm gettins screwed; thats all.

 

[justalayman]

Playing games? I already stated that I have already made arrangements to pay the balance. I am LITERALLY ALREADY in the process of paying off the debt. How is that playing games? I'm just trying to see if i'm gettins screwed; thats all.

NO, you are not getting screwed. You used the electricity. You should pay for it. Why would you even question whether you are getting screwed in such a situation?

 

[Zigner]

Actually, when I moved in my uncle Quit Claimed the house to me...

And THAT is why you ARE responsible...LEGALLY. These details and all...

 

[emilward85]

And THAT is why you ARE responsible...LEGALLY. These details and all...

Okay, I can understand if I am responsible for the bill because he my uncle signed over the house to me. But my confusing in the matter also comes from Section 1457 of CA Civil Code that states "the burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by Section 1466" which states "no one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits". So if I'm understanding this right, doesn't this state that I'm responsible just because I know have the house?

Again, if it is what it is that I will just accept that. What can you do? I mean its not like I go to another power company so I don't have a choice. I am just honestly curious. Thank you, by the way, for everone's input

 

[BL]

How did the Elect. Co. know you resided with your uncle ,while the bills we in his name ?

 

[emilward85]

How did the Elect. Co. know you resided with your uncle ,while the bills we in his name ?

Well what happened was my uncle was on some discount program because he's a senior and has medical issues, etc and SCE claims they sent my uncle a notice to renew the program but my uncle said he never recieved it. So they sent the form again and apparently he put on there that I was living there. Also, when I became his Power Of Attorney he put me on his account so I could access his account and they could release information to me, etc. So I'm assuming they just put 2 and 2 together. I mean, its no secret or anything; its not like I'm trying to hid it. Even if they were just going on assumptions they asked me if I was living there when I inquired about the transfer of his bill and I said I was.

 

[Zigner]

Okay, I can understand if I am responsible for the bill because he my uncle signed over the house to me. But my confusing in the matter also comes from Section 1457 of CA Civil Code that states "the burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by Section 1466" which states "no one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits". So if I'm understanding this right, doesn't this state that I'm responsible just because I know have the house?

Again, if it is what it is that I will just accept that. What can you do? I mean its not like I go to another power company so I don't have a choice. I am just honestly curious. Thank you, by the way, for everone's input

You are responsible because you owned the house while the power was being used. The code section you cited doesn't apply to this situation.