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Utility Suit and Statute of Limitations

Submitted by David Flood on Mon, 12/12/2016 - 13:06
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WE energies in Wisconsin is suing me for old utilities bills. Three bills put in my name in 2007, 2008, 2009. They acknowledge someone else called in and used my info saying they were Mrs. Flood. No payments were made on any of the three accounts. I discovered in 2010 and called to protest. Spent 200 hours fighting. Finally got their loss control guy and he told me I needed to find the person or persons who did this, wear a wire, get them to confess, testify in court, and if and only if they received a felony convictions would they release me from the bill. I actually went to these addresses in the hood to inquire who lived there, but after getting a gun pulled on my, decided this was crazy. Besides, he was probably just trying to discourage me from trying anyways. 6 years past w/o contact. I can't have a WE bill in my name, major PITA, but the bills are for over $ 6 K, so I adapt. My wife files for divorce. Weeks later WE files against me. 6 years and 2 months past first bill, 6 years and 1 month past first past due charge. SOl is 6 years. I b ring it up in court, the commissioner asks the plaintiff what triggers the SOL in Wisconsin, he sheepishly says last day of use. Because of the winter moratorium in Wisconsin, last day of use was April 14, within the 6 year period. She doesn't even reply, sets our next date in court. I have upcoming court dates and amount is now over 8 K. One of two things is happening, either the commissioner did not know the law and just sided with the utility, or the winter moratorium tolls the SIOL. Have researched the heck out of it, and I cannot find anything in SOL law, WE rules, or case law that tolls the SOL for the winter moratorium. Please help.