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?
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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 11 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.
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