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Started By
Message
Money/legal question
Posted on 12/13/12 at 8:21 pm
Posted on 12/13/12 at 8:21 pm
I received a letter with an accompanying bill for about $300. The letter states that the invoice for services performed at my home was originally billed to (name withheld), who recently passed away.
About 3 years ago, i paid the dead guy's family business to remodel my upstairs bathroom. They guaranteed the work for 5 years. Two years ago, we learned the family business dissolved and the dead guy continued to do work separate from his family. About 6 months ago, a leak developed. I contacted dead guy and he agreed to honor the work and prior guarantee even though the business is no longer operational. He contacted a leak detection company (the business that is now billing me) and had them perform the analysis. They determined that the leak was due to an improper coupling for the plumbing that connected our home's plumbing to the plumbing for the new tub. They repaired the plumbing. The rest of the repairs were never completed. To this day, the damage to my home from this leak has not been made whole. My ceiling and some drywall needs to be replaced.
We gave up on expecting dead guy (before we knew he was dead) to finish the repairs and have been looking for someone else to do the work. But we figured dead guy would have paid for the work he asked this leak detection company to do in my home.
$300 is obviously a small amount of money. But this was the dead guy's obligation to pay, right? This company should be billing dead guy's estate? Do I have any legal obligation to pay it, or is it safe to just ignore this bill?
About 3 years ago, i paid the dead guy's family business to remodel my upstairs bathroom. They guaranteed the work for 5 years. Two years ago, we learned the family business dissolved and the dead guy continued to do work separate from his family. About 6 months ago, a leak developed. I contacted dead guy and he agreed to honor the work and prior guarantee even though the business is no longer operational. He contacted a leak detection company (the business that is now billing me) and had them perform the analysis. They determined that the leak was due to an improper coupling for the plumbing that connected our home's plumbing to the plumbing for the new tub. They repaired the plumbing. The rest of the repairs were never completed. To this day, the damage to my home from this leak has not been made whole. My ceiling and some drywall needs to be replaced.
We gave up on expecting dead guy (before we knew he was dead) to finish the repairs and have been looking for someone else to do the work. But we figured dead guy would have paid for the work he asked this leak detection company to do in my home.
$300 is obviously a small amount of money. But this was the dead guy's obligation to pay, right? This company should be billing dead guy's estate? Do I have any legal obligation to pay it, or is it safe to just ignore this bill?
Posted on 12/13/12 at 8:44 pm to Willie Stroker
Did you sign any sort of contract with this new company or was everything handled by the dead guy?
Since they repaired your plumbing and the other guy is dead, I'm going to say the obligation is on you to pay the bill.
Just a law student, so I could be completely wrong
Since they repaired your plumbing and the other guy is dead, I'm going to say the obligation is on you to pay the bill.
Just a law student, so I could be completely wrong
Posted on 12/13/12 at 8:59 pm to Willie Stroker
Find out how long prescription is in your state, may be a dead issue
Posted on 12/14/12 at 6:40 am to TheOcean
quote:
Did you sign any sort of contract with this new company or was everything handled by the dead guy?
No, only docs I signed were with dead guy
Posted on 12/14/12 at 7:24 am to Willie Stroker
I'd call them and tell them that they were contracted by the dead guy and it's not your problem.
Posted on 12/14/12 at 7:40 am to Tigerpaw123
quote:
may be a dead issue
Posted on 12/14/12 at 8:41 am to guttata
quote:
I'd call them and tell them that they were contracted by the dead guy and it's not your problem.
I have a feeling they already tried to collect from the dead guy
Posted on 12/14/12 at 9:01 am to Willie Stroker
Sounds like the guy you contracted (dead guy) to do the work, subcontracted out the work to a leak detection company. That is who had the contract, not you. As long as you didn't sign the invoice/receipt when the company came out and did the work.
I would just contact the company that is billing you, explain that the guy who hired them was performing warranty work and that you are not liable for the bill. Sucks for them, but for only $300, it will cost them more the fight it and really they don't have much of a leg to stand on.
I would just contact the company that is billing you, explain that the guy who hired them was performing warranty work and that you are not liable for the bill. Sucks for them, but for only $300, it will cost them more the fight it and really they don't have much of a leg to stand on.
Posted on 12/14/12 at 12:43 pm to tigeraddict
quote:
As long as you didn't sign the invoice/receipt when the company came out and did the work.
Doesn't matter if he signed an invoice/receipt, he could still be on the hook for the work.
Posted on 12/14/12 at 1:35 pm to TheOcean
Not sure of exactly how it works, but would this fall into the same category as having a contractor build your house and not paying a sub and then they file a lien on the house???? I think there is a time frame but unsure if this would even be treated the same.
but seriously check on prescription...I think in LA it is 3 years if there is an open account with no payments then there it is considered gone with no legal recourse
but seriously check on prescription...I think in LA it is 3 years if there is an open account with no payments then there it is considered gone with no legal recourse
Posted on 12/14/12 at 4:41 pm to Tigerpaw123
quote:
but seriously check on prescription...
I've tried googling the term with Texas along with other words, but predictably most google results refer to a different type of prescription.
Is there a better search term or sequence of words?
Posted on 12/14/12 at 6:52 pm to Willie Stroker
Appears to be 4 years
quote:
Texas Statute Of Limitations on Debt
A statute of limitations (SOL) is a statute (law) that prescribes the period of time during which legal action may be taken. In respect to debt obligations, the statute of limitations sets forth the specific time frames during which the creditor or debt collector can legally sue the debtor.
What is the statute of limitations on debts in the State of Texas?
The statute of limitations on debt for residents of the State of Texas is four (4) years. In Texas, this refers to oral agreements, written contracts (car loans, installment loans), promissory notes and open accounts (such as credit card credit lines).
When does the clock start on the four year statute of limitations?
Texas state laws are more consumer friendly than most states where the statute of limitations starts after the account has been charged off.
In Texas, the Statute of Limitations clock starts on the day the last payment on the account was made. This is often referred to as the ‘date of last activity’ or DLA.
Example: If the last payment on a credit card was made on January 1, 2005, then the statute of limitations for legal action on the account would expire on January 1, 2009. On January 2, 2009, the debt no longer carries a legal obligation to pay.
Why is the date of last activity important?
Many unscrupulous collection agencies inaccurately report the date of last activity on consumer credit reports or debt validations. In some cases, debt collection agencies have gone so far as to file suit against an alleged debtor after the statute of limitations has expired.
As a result, uninformed consumers may take a default judgement in a legal proceedings and are then required by law to pay the debt owed.
How can I verify the date of last activity for a specific debt?
There are several ways to verify the date of last activity, including:
Checking your consumer credit report
Contacting the debt collection agency and requesting this information, preferably via a certified letter or recorded phone call
Verifying your past payment records via archived bank information
Are there instances in which the statute of limitations can be reset?
Yes. If a debtor makes a payment on an account to the debt collection agency and brings the account back to ‘current’ status, the statute of limitations resets and a new 4 year time frame begins. This gives the debt collection agency the ability to file suit against the debtor for the remainder of the balance due.
What do I do if a debt collector has threatened legal action or filed suit and my account is past the 4 year statute of limitations?
If a debt collector has threatened legal action, they may be violating Texas Law. Consult an attorney.
If a debt collector has filed suit, you must respond to the suit or a default judgement may be granted by the court, meaning you would be required, by law, to pay the debt. It is highly recommended that you consult a consumer law attorney to deal with the courts and debt collector.
If you can prove, by way of your credit report, correspondence from the debt collector, or through bank records, that the debt is outside of the 4 year statute of limitations, you are not liable for the debt.
What Texas law outlines the 4 year Statute of Limitations?
Four year statute of limitations is outlined in Civil Practice & Remedies Code – Chapter 16, Section 004.
Posted on 12/14/12 at 7:02 pm to Willie Stroker
I'd give the company a call and try to sort it out. If they're hell bent on collecting, just pay the $300 and move on.
Posted on 12/15/12 at 11:45 pm to TheOcean
And I bet they would take less.
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