Consumers Energy is applying my husbands previous outstanding balance to my account. I explained to them that I never benefited from that service and that this debt was from before my husband and I were together.They requested that I sent them proof of my residency during the time the bill was incurred, and a copy of our marriage certificate. I sent them everything they requested. They then said that wasn't good enough and applied this debt to my account anyway. Can they really do this? Isn't Michigan a non-community property state?
State/Country relating to question: Michigan
I've done everything they have asked of me. I've even talked to the billing manager. I'm getting no where and I can't afford to pay this bill.
Hello and thank you for your question.What do you want to specifically know?
Is Michigan a non-community property state and would it apply to my situation.
A debt incurred before marriage does not pass to the other spouse.
Okay, but is Michigan a non-community property state and would it apply to my situation.
I will refer your question to a colleague for further comment.
My colleague has referred your question to me.
Michigan is not a community property state, but even if it were, my colleague correctly stated that any debts incurred by one party prior to the marriage are not marital debts. And since Michigan is not a community property state, any debt incurred by one spouse is not payable by the other spouse.
You gave them too much information. Information that you were not obligated to give for someone else's debt. If they call you or write to you agains, make sure you have their correct name and address and go directly to Small Claims Court; Sue them for punitive damages which is three times your ordinary damages. Your cause of action (the body of your Complaint) will be for civil harassment, threats of violence, intentional infliction of emotional distress and negligent infliction of emotional distress
Once you do this, they will never bother you again, believe me, they will not!.
That is the only way I get paid
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25 yrs Real Estate & Business Law, Family Law, Criminal Defense, Immigration, Employment Law
I filed a formal complaint with Consumers Energy earlier today. Can they legally shut off my service if I only pay the current charges? I'm asking because they told me that if I didn't pay, my service would be shut off.
Thank you for accepting my answer, I appreciate it. I would like you to immediately contact the Michigan State Attorney General's Office. You should file a formal Complaint online and also telephone them to tell them what is going on to make sure that your service is not turned off because they have no right to turn your utilities off, no right whatsoever, but just to make sure they do not continue their scare tactics with you, call the Attorney General's Office. For your online Complaint, here is their website:
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