City Marshall Seizure
Does anyone have or know anyone who has had any experience with the city marshalls in regards to seizing an electricity meter for nonpayment? My relatives got a notice from a city marshall saying they wereoming to take the meter on Thursday because they owe about 2000 dollars in late payments. So I was just woering does this mean he will definitely come on Thursday or is it more like a warning? Just worried because its where my grandmother lives and worried about her not having any electricity.
Comments
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Seizing your meter? I'm not sure what kind of sense that makes. If you have Con Ed and you default on your payment, they just turn off your power.
Why would they retrieve the piece of equipment that actually monitors your usage? -
Im assuming they go hand in hand. No meter means no power. And yes it is a con ed meter and the meter is in the house so they would have to come inside the hoouse to take the meter.
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Tell your family not to let them in the house. If they have no access, they can't turn off the electricity and take the meter. That is what I have been told anyway..
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Chances are there is a fairly draconian piece of federal/state/city legislation that authorizes the Marshalls to take whatever action is necessary to retrieve the meter, including breaking down the door. They'll probably show up with the boys in blue. I would recommend that your relatives call Coned first thing tomorrow morning and work out a payment plan. Refusing to let the Marshalls in will not achieve anything other than a busted up door.
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I'm sure Con Ed will set you up with a payment plan,after speaking with Con Ed make sure you call the Marshall and advise him about your conversation with Con Ed.
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If they are actually retrieving the equipment, the account must have been written off and the power already cut. Sounds like there might be bigger issues than barring Con Ed from retrieving the equipment they rightfully own.
2000 dollars in the red? Is that about a year's worth of Con Ed? Ouch. -
Yep I believe they havent paid since April or something like that and they basically ignore allof the notices they get from coned about setting up a payment plan so they are pretty much bringing it on themselves. I believe the notice said coned got a udgement in court against them and yes they can break the door down according to the notice to get in and retrieve the meter.
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bohuma wrote: Chances are there is a fairly draconian piece of federal/state/city legislation that authorizes the Marshalls to take whatever action is necessary to retrieve the meter, including breaking down the door. They'll probably show up with the boys in blue. I would recommend that your relatives call Coned first thing tomorrow morning and work out a payment plan. Refusing to let the Marshalls in will not achieve anything other than a busted up door.
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Also if your relatives are in a hardship situation they can work out a plan with Con Ed. They ask you to fill out some forms and they tailor a payment plan with what you can pay. If they are senior citizens there are even more programs to help them. If the marshalls are involved it probably means that Con Ed got a judgment against your relatives. -
This is way past the point of working out a payment plan with Con Ed. This means they have been unable to even read the meter. For them to seek judgment and send in a marshal means that your relatives haven't even given them access for a very long time.
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Who owns the house? I bet your grandmother does. Is the Con Ed account in the actual owners name? If it is then Con Ed will put a lien on the property, if it isn't then it might be possible to take out a new account in the actual owners name and play dumb on the previous bill. A long shot at best.
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The bill is not in the homeowners name (my aunt owns the building). Actually it is in my moms name (she doesnt live in the building) and has been for years. Im not sure actually why they did it like that. And you are right con ed cant read the meter because it is in the house in a locked basement. Also, I know people are thinking why wont the family help out Grandma. Well its one of those situations where she lets her grandchildren walk all over her and live there for free with her and her kids want them out so they will not assist in paying the bill because they will basically be paying the bill for them and not my Grandma. Yea its a very bad situation.
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I think you're going at it wrong if you're trying to bar Con Ed from retrieving the equipment. Instead you should probably take the tact of contacting Con Ed, explaining the hardship situation and find out whether or not they will offer you any other recourse.
Sounds like things can't go on as they are in that household though, and something's got to give one way or the other. Sorry to hear your family is having such difficulties and I hope that the grandchildren realize what a burden they're presenting. -
I'm not a lawyer, but I did stay in a Holiday Inn Express last night. You can stop this seizure by going to the court the judgment was issued in and obtain an "order to show cause". This is a pretty standard thing for a layperson to do when a CC company has seized their checking account. My understanding is the court clerk will help in filling out the proper papers. If no one has actually "been served" then this is a valid reason to stay this judgment. Even though you are there to fight this judgment, you were never legally notified of the impending seizure. You might need a POA to act on behalf of the account's responsible party. All of this is of course a delaying action. Maybe you can get a shot at Judge Judy. I think they actually will pay the bill even if you loose. I'm curious, is this a trailer?
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No one is barring them, ConEd has never come to the building asking to be let in. I was just stating a fact that the meter is in a locked basement that can only be opened by my aunt the owner who doesnt live here full-time. As for tact, this has nothing to do with me as it is not my issue it is theirs. And yes you are right things cant go on like it is with them forever something will happen I jus hope whatever it is that its not too bad. Bur 10 people living in an apartment I know things wontnd well.
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modsquad wrote: I'm not a lawyer, but I did stay in a Holiday Inn Express last night. You can stop this seizure by going to the court the judgment was issued in and obtain an "order to show cause". This is a pretty standard thing for a layperson to do when a CC company has seized their checking account. My understanding is the court clerk will help in filling out the proper papers. If no one has actually "been served" then this is a valid reason to stay this judgment. Even though you are there to fight this judgment, you were never legally notified of the impending seizure. You might need a POA to act on behalf of the account's responsible party. All of this is of course a delaying action. Maybe you can get a shot at Judge Judy. I think they actually will pay the bill even if you loose. I'm curious, is this a trailer?
What a trailer? Um no its an apartment in a 3 stor brownstone in the neighborhood. As for your advice about going to court and being proactive anout things this would make sense to the normal person but whn your dealing with lazy, apathetic people they will not do this even if told. Maybe this is what they need to straighten out their lives but I doubt whatever happens will have any impact with them. -
Tell these assholes they need to go "off grid". No doubt many of us will be joining them soon. -
stacey wrote: [quote=bohuma]Chances are there is a fairly draconian piece of federal/state/city legislation that authorizes the Marshalls to take whatever action is necessary to retrieve the meter, including breaking down the door. They'll probably show up with the boys in blue. I would recommend that your relatives call Coned first thing tomorrow morning and work out a payment plan. Refusing to let the Marshalls in will not achieve anything other than a busted up door.
^+1
Also if your relatives are in a hardship situation they can work out a plan with Con Ed. They ask you to fill out some forms and they tailor a payment plan with what you can pay. If they are senior citizens there are even more programs to help them. If the marshalls are involved it probably means that Con Ed got a judgment against your relatives.
If the city marshall is involved there is definately a judgment. -
whoa.. i never heard of taking a meter !!!
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Con Ed will definitely take the meter. My suggestion, tell your mom to pay it off so her credit doesn't get screwed (although with a judgment, its probably too late for that), and ask Con Ed to close the account. Let one of the freeloaders that lives there try and get another account opened. Also, move Grandma out and then evict the freeloaders. Doesn't sound like they have a lease or any rights to be in the apartment so it should be easier than trying to evict tenants.
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