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Sued over water bill -- but this gets interesting!

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nmc:
Hey guys, some of you are regulars here. If anyone remembers my story from early this year I won and was able to get the cases deleted from my trade line. No one seemed to be on my side here so I didn't think I should really create a topic.

I do require the collective knowledge of this board. My mother didn't pay her old water bill after she moved. The water supplying company sued her. She talked to the woman that dealt with these cases, and received a "Satisfaction of Judgement" from the courts -- but she really didn't pay. She never agreed to, she just told the woman she would see her in court. She even received a letter from the water company saying her debts were paid.

Well, this woman finds out about their internal error and has now started harassing my mother again. My mom has these documents for the satisfaction of judgement. Now here is the interesting part. My mom lived at "House A" two years ago. She moved to "House B". She did not pay the last bill of "House A". The lady at the water company that deals with these things, we will call her Cindy. Cindy calls my mothers landlord of "House B" where my mother lives now. She asked personal details about where my mother lived, worked, etc. The landlord refused to give Cindy this information. The information Cindy called my mothers current landlord for was this bill, THAT had NOTHING to do with the house my mother lives in. I know their are laws protecting people like my mom from this.

In short, if you are confused, Cindy called "House B's" landlord to obtain information to further harass my mother regarding a debt at "House A".

How should I handle this? I have advised my mom NOT to pay this debt as I physically have the Satisfaction court documents in my hand!

Lastly, this woman, Cindy, has attempted to add previous debts to my moms bill that were filled in a bankruptcy. Not once, but twice. Each time she came up with an excuse and how it was a computer error.

This woman really thinks she is above the law, and tells my mother how she is going to sue her again for the SAME DEBT and incur even more court costs.

I know this situation should have been avoided from square one, but it hasn't. This woman is really breaking laws for her own benefit. Can anyone inform me what they would do, and what laws she has broken? Thanks so much for the advice, as always! :drinking:

P.S. My mom knows she called the landlord because my moms landlord contacted her immediately stating the water company called her regarding a water bill that hasn't been paid. But the water bill at my mothers current house has BEEN paid.

kevinmanheim:
If the person making the calls works for the original creditor, the FDCPA doesn't apply. Is Cindy a water company employee?

Does your state have a debt collection law similar to the FDCPA? If so, the water company may be liable under it.

I would call the state utility regulator or commission and ask them how to go about filing a complaint against the water supplier. That agency may be interested in the water company's actions.

Check your state court rules of civil procedure. There is probably a time limit for the plaintiff to correct the satisfaction of judgment error. If that time has passed, the satisfaction may be final.

If it's still possible for the water company to vacate the satisfaction of judgment, they might be able to legally continue collection.

I would sit down with mom and figure out a plan to get her finances in order. It sounds like she needs some help with a plan that prevents problems in the future.

CleaningUp:
You will want to do some reading of the public utilities laws in your states.

Many states give them passes on such niceties as the FDCPA, particularly if the utility is municipally owned.

The system is designed such that the municipality gets what it is owed.

That being said, having the satisfaction of judgment in hand complicates any subsequent legal action they might take since the presumption will be that the satisfaction notice is legitimate and correct.



bmcinto01:
There is a bankruptcy involved? If so, adding debts and threatening lawsuits could be something to call your BK lawyer about? Maybe give his/her phone number to Cindy baby next time she calls?

JDBStick:
What state is this taking place in?

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