What to do if I recently found out that I am not connected to the city’s sewer although I have paid for sewer for 12 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I recently found out that I am not connected to the city’s sewer although I have paid for sewer for 12 years?

They say they only have to refund the last 2 years. I think they are confusing this 2 year period with a 2 year statute of limitations for me to file a claim. Can this be arbitrarily determined by a city board? Isn’t there a state law?

Asked on February 20, 2013 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, the statute of limitations *does* limit how far back you could claim for--since you can only bring an action to seek/compel repayment of debts or causes of action which arose during the last two years, anything beyond that is, in theory unenforceable--hence they could safely refuse to pay. You may be able to get the older debts in under the SOL *if* you can show that it was all one continuous violation or, basically, scheme to defraud you; however, bear in mind that this will be an uphill fight, since you are trying to convince the court that there are legal or equitable reasons to extend the normal SOL. As such, it is not clear it would be worthwhile to bring a lawsuit to do this--especially since it would be difficult to make this argument without an attorney's assistance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption