Who is responsible for a deceased's bills in FL?

[vacorso]

What is the name of your state?FL

We have received a bill from FPL (electric company) dating back to 1996 for $356.32. The account was in my father-in-law's name (he died in 1992); we purchased the house in 1996 from my mother-in-law, and this is the final bill on her husband's account before service was transferred over to my husband's name.
FPL states that since my husband benefitted from service on the old account-he grew up in this house-we are legally responsible for this bill, even though his mother still lives in the area and presumably has another account with FPL that they could bill for this amount.
Isn't a deceased's spouse responsible for their bills, not their child? The account was never a joint account, it was in his father's name from the time they bought the hought this house in the 1970's.

 

[vacorso]

I am also wondering if a bill dating back 9 years hasn't passed the statute of limitations in FL and perhaps that's why they are attempting to collect it from us rather than his mother. (who works at a Law University)
Is the SOL different for utility companies than for other debts? Thanks!

 

[seniorjudge]

Whoever got the benefit from the deceased person's estate pays the bills.

But the utility company will cut off your utilities if they think you are liable for something.

If you cannot afford that hassle, then pay the bill OR file a complaint:

http://www.psc.state.fl.us/

 

[vacorso]

Thank you for your response. I have contacted the PSC by phone and now have a case # from them. They put me in touch with someone at FPL's upper level who took the information (again) and protected the amount so they won't shut off our electricity while she's investigating the bill.
Apparently ANYONE who lives in a household, even if they're a child, and "benefits" from having the power turned on can be held liable for any amount FPL can dig up that was unpaid, regardless of how old the bill is? Isn't there a statute of limitations on utility bills like there is on other bills? Or do I and every other account holder have to worry that FPL will dig up some old, unpaid bill at any time and attach it to our account, knowing we have to pay it or do without electricity?

 

[seniorjudge]

Q: Apparently ANYONE who lives in a household, even if they're a child, and "benefits" from having the power turned on can be held liable for any amount FPL can dig up that was unpaid, regardless of how old the bill is?

A: Yes, happens all the time.


Q: Isn't there a statute of limitations on utility bills like there is on other bills?

A: Yes but I don't know any SOLs in Florida.


Q: Or do I and every other account holder have to worry that FPL will dig up some old, unpaid bill at any time and attach it to our account, knowing we have to pay it or do without electricity?

A: Yes, happens all the time.


Just because a SOL has passed does NOT stop someone from trying to collect a bill.

The passage of the SOL is an affirmative defense, meaning that if the defendant never brings it up, it will never be considered.

 

[vacorso]

"Just because a SOL has passed does NOT stop someone from trying to collect a bill.

The passage of the SOL is an affirmative defense, meaning that if the defendant never brings it up, it will never be considered."

Okay, I've looked up FL SOL on 2 different sites and they both list the same times of 4-5 years, depending on what kind of debt it is; my question now is, which kind of debt would a utility bill be considered-written contract, promissory note or open-ended account?

Also, if FPL comes back and says we have to pay the bill, which I fully expect them to, how do I go about bringing up the SOL to them? I mentioned the fact that the bill is 9 years old when I spoke to FPL and she said it still needed to be paid, so I'm guessing it's going to require something more official. Thanks again!

 

[TigerD]

You simply point out to them that this bill is outside of the SOL and you refuse to pay it.

They then deny you power, due to the outstanding bill. After several days without power, you reconsider and pay the bill, a reconnection charge, interest and a hefty deposit due to your history of non-payment.

Your choice.

 

[vacorso]

"You simply point out to them that this bill is outside of the SOL and you refuse to pay it.

They then deny you power, due to the outstanding bill. After several days without power, you reconsider and pay the bill, a reconnection charge, interest and a hefty deposit due to your history of non-payment.

Your choice."

Well, thank you for your input, I'm sure that's the way FPL sees it too; what I'm after is how to make them comply with the law. If the SOL is 5 years in FL, then what would be the best way to get that through to them and avoid that scenario? I"m aware FPL is a giant company that can use leverage other companies can't (you have to have electricity, after all), but I don't think they're excused from following the law and I'm looking for a way to make them do so.
If anyone else has some constructive advice-websites with sample letters I could use, input on writing my own letter, should I send it registered, etc?-I would appreciate it.
I don't appreciate being bullied by a company over a bill I didn't incur in the first place, just because they're big and think they can.

 

[TigerD]

If the SOL is 5 years in FL, then what would be the best way to get that through to them and avoid that scenario?

YOU CAN'T

SOL is an affirmative defense. You have to be sued to raise it. They aren't suing you.

Look at it this way. If your father came into my restaurant with you and the family and wrote a hot check of the meal and you come in with your family a few years later -- why should I serve you until you pay for the meal you ate before?

I'm not chasing you for it -- but I'll be damned if I'm going to give you the chance to do it to me again.

That's FPLs point of view.

Your options are simple -- pay it or don't. If you don't and they turn off service, that's their choice. You are free to not use their service and they are free to not provide it to you until the situation is resolved.


DC

 

[vacorso]

Surprisingly, we have yet to hear from FPL. I expected my complaint to be set aside on her desk yesterday, followed by a call today informing us once again that we did have to pay it, but so far there's been silence.
Hopefully that means they actually are attempting to collect from the person who is actually responsible, as they should have done in the first place; it's a slim hope, but I'm clinging to it. I suspect contacting the PSC may have been the best thing I could have done-thank you seniorjudge!

 

[seniorjudge]

Surprisingly, we have yet to hear from FPL. I expected my complaint to be set aside on her desk yesterday, followed by a call today informing us once again that we did have to pay it, but so far there's been silence.
Hopefully that means they actually are attempting to collect from the person who is actually responsible, as they should have done in the first place; it's a slim hope, but I'm clinging to it. I suspect contacting the PSC may have been the best thing I could have done-thank you seniorjudge!

Keep after them.

Never assume anything.

Get it in writing.

 

[vacorso]

Thank you again. I'm not assuming anything at this point, merely hoping I'm right about the reason I haven't heard from FPL.
Right now there is a bad hurricane approaching and I suspect everything will be put on hold until next week anyway, but you never know...

As far as getting something in writing, what should I request if they actually do collect this debt from my mother-in-law? Is there some standard form I should request they send me?