Does She Have Standing To Sue?

[sandyclaus]

What is the name of your state (only U.S. law)? California

When I moved into a room in this house, I agreed to pay for a share of my roommate's utility bills (since she said they were all under her name). I come to find out that she has the water & power bill under someone else's name - her friend, who does not live at the house anymore (and had not for almost a year prior).

A few months later, when the water & power bill came in, the amount that I was being asked to pay was quite high (almost $300). I felt that this was far too much, considering that I rent just a room, and it's my roommate who is very liberal with her usage. She never turns off lights, TVs on when she's not even home, leaves water running everywhere, and yells at me if I go behind and turn things off that are in use when no one's around. So I asked to see the bill itself - and she refuses to show it to me, demanding that I pay my share and shut up about it. I told her I wouldn't pay until she showed me the bill, to make sure that I was paying the share we had agreed upon and no more.

When the mail came last night, I saw that the most recent DWP was in the outgoing mail. It had been opened, and marked "DOES NOT LIVE HERE ANYMORE". I grabbed it, looked at it, and saw an almost $900 closing bill with 1/2 of it as outstanding charges from the previous billing cycle. Apparently, she had not been paying her share of the bill either, decided it was just too much for her, and had it turned off and re-connected under someone else's name who could establish low-income Lifeline service
instead.

She is now threatening to sue me in small claims for my unpaid share of that past bill. Can she do that, since it was never her bill (again, it was under her friend & former roommate's name), and she never paid anything on that last bill herself (returning the bill unpaid, saying that the account holder no longer lived here)? Does she have standing to sue me, or would it have to be the account holder who did? Since I never had an agreement with the account holder to pay those utilities, can THEY even come after me for not paying a share?

 

[mmmagique]

Well...she could TRY. But she'd have to prove that she is out the money: ie, she paid it.

I don't think the fact that it's in someone else's name is necessarily the issue, if you both agreed to be responsible. It's more the matter of "what is she out?". If she hasn't paid anything, she is not out anything.
That could change if she finally pays it.
She'd also have to prove to a reasonable certainty what your part of those bills are.

 

[sandyclaus]

Thank you...

Well...she could TRY. But she'd have to prove that she is out the money: ie, she paid it.

I don't think the fact that it's in someone else's name is necessarily the issue, if you both agreed to be responsible. It's more the matter of "what is she out?". If she hasn't paid anything, she is not out anything.
That could change if she finally pays it.
She'd also have to prove to a reasonable certainty what your part of those bills are.

That's just my mindset. My concerns here were primarily:

1) How could she sue me for something she never paid (i.e., she's not out a dime)

2) By some miracle, if she DOES pay the bill, I have no problem paying my share. The problem is that she refuses to disclose the bill details so that this amount can be determined.

But another question is, if the person who has the bill under their name can sue me? Since I have no arrangement with them to pay anything (only with the roommate I live with), can my liability to her transfer to the other person?

 

[Rexlan]

Sounds like your agreed share is 1/2 the bill if there are the two of you and you owe that amount for the time you used the services. It does not matter if she paid the bills or not - you still owe that amount.

Your mindset needs an adjustment. The service provider is entitled to be paid for services provided to you. Call the service provider, explain the situation, and make arrangement to pay your share and get a release from them.

 

[sandyclaus]

My Mindset...

Sounds like your agreed share is 1/2 the bill if there are the two of you and you owe that amount for the time you used the services. It does not matter if she paid the bills or not - you still owe that amount.

Your mindset needs an adjustment. The service provider is entitled to be paid for services provided to you. Call the service provider, explain the situation, and make arrangement to pay your share and get a release from them.

I have no problem paying my rightful share, but THAT is precisely what is in dispute.

The primary reasons why I felt I was being charged mmore than my share? I was one of 5 people in the household, but at the beginning of the billing cycle in question, we had an extra occupant who slept on the couch. Lived here 24/7 for 3 months. Worked perhaps a total of 3 wks out of that entire time - spent the rest of the time sitting in front of the TV all day and night. Plus 1 of the other roommates had overnight 1-night stands and another has a boyfriend that spends the night here (works late shift, comes over here to visit her, showers, then goes home for the day). That includes cooking dinner & breakfast for the guest, and having them use the shower every morning.

So... let me see. A total bill of $900 would normally be divided 5 ways ($180/person). That would be ok.

But let's factor in the additional full-time occupant, then add 2 part-time guests that were here during the billing cycle period (I'll count them as 1 total for this purpose). That makes 7 people for that same bill, bringing each share to roughly $128.58/person. Even THAT could be argued (I may fight over an additional $60, but that wouldn't make me NOT pay at all).

Add to this the fact that $350 of that $900 bill was the main roommate's unpaid balance from the previous month, since she had been collecting our shares but not paying her own (leaving $550 of actual charges that should be divided). So, if we subtract THAT, dividing the bill 5 ways would be $110/person, or $78.57 if we include the additional occupants/guests.

She was demanding that I pay almost $300 of the $550. And is now expecting me to pay $500 of the $900. Over 1/2 of a total bill, being one of so many people using the utilities.

Turns out I've been overcharged for cable service, too. Found out that she's been receiving service credits for the past 6 months that range from $50-$220 each month. Our "normal" monthly charges are about $180 a month total. She's been regularly charging me (and I've paid) $90 a month for my share of the services.

Like I said before I have no problem paying what I owe. It's what she claims I owe that is the problem. As for the DWP bill, it's no longer in the name it was under, and they won't apply a payment to a past account without specifics (i.e., the account number and/or social security for that account holder).

 

[Rexlan]

You are arguing- save it for the judge. Or, pay your share (whatever it is) to the respective creditors in exchange for a release against you then move on down the road. They will eventually go after who is listed on the account after which they will go after you.

It certainly would not take a genius very long to have figured all of this out .... I wonder who's fault that is?

Short of a written agreement stating exactly what your share will be then she has a good case to make you pay a proportionate share base on who lived there ... not visitors and guests.

Good luck.