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Suing a water company in SCC

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>Charlotte<

Lurker
What is the name of your state (only U.S. law)? South Carolina

I think my question is pretty straightforward, so I'll just simplify it first. Details follow if you're interested (and in case anything else matters.)

A local water company is not municipally owned, as in "City of So-and-So Department of Utilities", it's a privately owned company under contract to provide water services to the city. I want to confirm my assumption that because they are a private corporation, they don't have any particular protections, and suing them would be just a run-of-the-mill SCC (in SC it's called Magistrate's Court) procedure. That's my question.

Here's the story. First, it's not me suing them, it's my father. I'm just helping him get all the information he needs.

Dad's water bill is usually around $40 a month. His bill for September was $689.00 for 88,000 gallons of water. After getting nowhere with their customer service, he contacted the regulatory agency that handles these disputes. Today they informed him that while they agree it seems fishy and they do suspect it is the fault of the water company, they are not going to intervene because he can't prove he didn't use 88,000 gallons of water. That's it. Just like that. I can't even wrap my mind around how unbelievable this is.

He lives alone. Does laundry maybe once a week, never runs the dishwasher. He has no leaks. Nobody is sneaking up to his outside spigot with a hose. It's not possible that he used that much water, but nobody in a position to help him is willing to admit that, and they're all telling him he just has to pay the bill. He can't afford to pay almost $700 to the water company for no other reason than they refuse to admit they made a mistake.

His choices seem limited to not paying the bill and getting his water cut off, paying the bill and forgetting about it, or paying the bill and suing these idiots in Magistrate's Court to get it back. I've been studying everything I can find but I want to make sure I'm on the right track and that it's not a different procedure because he's dealing with a company that provides a municipal service, although I could be wrong that that would make a difference in any case.

I can't believe that even though it's an obvious mistake, he has no recourse and has to pay it "because they say so".
 


dcatz

Senior Member
I’m guessing it’s some Claims Act requirement that’s a concern. On the posted facts, that’s the thing that I’d consider might make the situation extraordinary.

There’s no way of telling anything that might be in their contract with the municipality but, if it helps, I can tell you that I’ve had an analogous situation in my state and sued a privately-owned waste disposal company with a city contract. It wasn’t in Small Claims (attorneys aren’t allowed) but Claims Act compliance wasn’t an issue.

Good luck to your Dad. It sounds both incredible and frustrating.
 

>Charlotte<

Lurker
I’m guessing it’s some Claims Act requirement that’s a concern. On the posted facts, that’s the thing that I’d consider might make the situation extraordinary. There’s no way of telling anything that might be in their contract with the municipality but, if it helps, I can tell you that I’ve had an analogous situation in my state and sued a privately-owned waste disposal company with a city contract. It wasn’t in Small Claims (attorneys aren’t allowed) but Claims Act compliance wasn’t an issue.

Thanks for the response. Not the same state, but at least it's an indication. And now I have a new phrase to Google, so no more dead ends.

In SC Magistrate's Court you actually can have an attorney, and he's seriously thinking of trying to find one that won't cost him more than $600.00. He's going to be out that much anyway, and he'd rather give it to an attorney who earns it than a thief who steals it.
 

CourtClerk

Senior Member
Clt,

I assume your dad is a senior. Contact some of those senior citizen organizations and see if you can get them to help them out. They may actually provide some free (or cheap) legal help. They may also help him get right down to the bottom of this....

Are legal fees recoverable in magistrate's court? If so, while he may have to put it out to sue them, he may get it back in a judgment.

On a side note.... do you know how much kool aid the kids could drink on 88,000 gallons of water??????:D
 

Kiawah

Senior Member
1.) Read the meter yourself, and compare it to what was read and posted on the bill. Check to make sure they didn't misread the digits. I've had a mis-read meter before, I'd suspect this first.

2.) It is possible that a toilet flapper didn't seat/seal, and a toilet ran continuously. Run a hose and fill something up for a minute, to see how many gallons per minute an open pipe would flow. My sprinklers are about 10-15 gallons per minute in a zone with a 3/4" meter size, so I would suspect depending on your pressure and pipe sizes he would be less than 10 gallons per minute. Figure out how many hours or days a toilet would have to be running, to consume the gallonage that the meter reading indicates was used. That will give you an idea how reasonable that it is, that he actually might have used that much water.

3.) Go look at the meter, and watch the little dial to make sure it is stopped when everything is off in the house. If it is still turning, then there is a leak somewhere....in the house, or in the pipe going from the meter to the house.


Edit....I reread your note, didn't see that you had actually posted the gallonage. 88K gallons @ 30 days = approx 2 gals per minute. I bet that could easily have been an unnoticed toilet problem.
 
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>Charlotte<

Lurker
I bet that could easily have been an unnoticed toilet problem.
No, there was nothing like that going on. The first thing he thought was that it had to be a leak or the toilet, or something. We checked everything, and then we checked it again. Even when the next bill was the usual $42 he still checked it a third time. I appreciate the suggestion, though.

This was the first time they used their new "point-and-shoot" meters, so I think it was simply a technical glitch. Dad has also discovered that two meter readers were fired three weeks ago for making up random numbers instead of driving around doing their jobs, so it could have been that, too. Who knows? The only thing we're sure of is that he did not use 88,000 gallons of water.
 

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