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Originally Posted by cocounselor23
Trust me, it will cost more than it is worth fighting. I am not sure about this assessment letter...can you tell me more about what that was? The biggest problem is that the city probably has some kind of immunity anyway. You might have a case, though, but I bet the city will make your life hell in the meantime and probably even file a lien on your property. Maybe there is a kind hearted attorney in your area that will help pro bono?
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Well I've got an update for ya. I confronted the City Engineer about the special assessment letter and later the bill. It seems I must have made some sort of impression because I've received a notice that the issue is to be discussed at the next Public Works meeting held this Wednesday. My Dad spoke with his lawyer and it seems that the city cannot hold us responsible for the bill because we were not notified prior to the work being done or allowed to object to the work. I plan to make copies of all my papers including the receipt showing that we paid $15 for the special assessment letter. I'm not sure what, if anything I will be able to say at the meeting but I intend to present my side of the story as clearly as possible if I get a chance.
I'm not sure what I can accomplish but according to my Dad's lawyer it would be worth the money to fight this should it come to that. Apparently the cost wouldn't be that great (for him anyway) since I have all the papers necessary to protect us.
As the story sits. The city sent a Special Assessment letter requested by the Title company and paid for by us. The letter states that "No Special assessments are anticipated at this time." Meaning that no work has been done by the city in such a location as for the property owner of our address to be responsible for any bills yet to come. The resolution to complete the work on our property was made March 9th, 2004. The Speciall Assessment letter was written and signed (by 3 officials) September 3rd, 2004 and we closed on the property on September 15th, 2004. The bill from the city for work completed prior to our closing on the property was sent to us on September 28th, 2004. It's obvious from the dates listed that the city knew of the work and future billing 6 month's prior to our notification. I'm not getting my hopes up that I can get the debt completely cleared but I am hoping to push the city to at least give us 6 month's to pay, the 10% discount promised if paid prior to 7 month's after the resolution was first decided, and the $15 returned. I will insist that since we paid $15 for the Special Assessment letter that the city has two choices - 1. Stand by their letter and remove the fees, or 2. Return the money I paid for a piece of paper they lied on and give us the 10% discount and 7 months wherein to pay the charges. I may not say it in such terms and I plan to ask for the first to begin with but should it seem as though they cannot back down I will offer the second choice as an option. I have a feeling that in that case they will probably cooperate.
I hope this makes sense.
Is there anything I may be forgetting or anything else that I can do to make my position any stronger??