What to do is a utility company is trying to come after me 5 years after I removed my name from my ex’s account?

Lived with ex 5 years ago and separated that same year. I called the utility company to take name off of the account and they said only if she agrees. Wand e did it now 5 years later they are trying to bill me because they can’t find her and I still have my name attached to the account.

Asked on June 7, 2012 under Bankruptcy Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your ex did not agree to let your name be taken off the acount, it could not be removed--the account is a contract, and all parties to a contract must agree to remove someone from it. So you would still have been liable for the account.

However, in North Carolina, the statute of limitations, or time to sue, for a contract is only 3 years; if this all happened 5 years ago, it may be too late to sue you to enforce the debt. If the collections agency tries to sue you, you should retain an attorney to help you, but the attorney may be able to get the case quickly dismissed by citing the statute of limitations.


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