The Connecticut Light & Power Company v. Robert J. Leach aka Bob J. Leach et al. (2013)

MEMORANDUM OF DECISION

This is a collection action in which the plaintiff, The Connecticut Light & Power Company (“CL & P”), seeks to recover a certain sum from the defendants, Robert J. Leach a/k/a Bob J. Leach (“Robert J. Leach”) and Bob N. Leach.   A trial concerning this matter took place on June 6, 2013.   This Memorandum will briefly set forth the Court's findings, conclusions of law and orders.

This action was brought by way of a two-count complaint dated October 22, 2012 against the defendants.   CL & P seeks to recover $7,756.11 from the defendants for their use of electrical services at 10 Wallace Street, 1st Floor, New Britain, Connecticut (“Property”) between July 15, 2008 and February 17, 2011 (“Usage Period”).   The defendants filed appearances and answers to the complaint on or about November 14, 2012.   Defendant Bob N. Leach failed to appear for the scheduled trial.   This court granted the plaintiff's oral motion for default when defendant Bob N. Leach failed to appear for trial.

The court finds that the defendants are the record owners of the Property.   The court further finds that CL & P generated regular, monthly statements in the regular course of its business concerning electrical use at the Property during the Usage Period.   These statements were mailed to account holder Robert J. Leach.   Robert J. Leach concedes that he received these statements.   The evidence presented in court establishes the total amount owed to CL & P for the Usage Period is $7,756.11.

After careful consideration of the testimony and evidence presented and review of applicable statutes and case law, the court finds that the plaintiff has established the debt by a fair preponderance of the evidence.

It is hereby ORDERED that judgment shall enter in favor of the plaintiff against the defendants in the amount of $7,756.11.   The defendants are jointly and severally liable for the amount of this judgment.   In the exercise of its discretion, the court denies pre- and post-judgment interest.

Defendants are ORDERED to make minimum weekly payments of $35.00 to plaintiff.   Such payments shall commence on the day which is three (3) weeks from the date the clerk receives a certification that a copy of this notice was served on each judgment debtor (defendants).

The following judgment may be enforced 21 (twenty-one) days after the clerk receives a certification that a copy of this notice was served on each judgment debtor (defendants).

SO ORDERED.

BY THE COURT,

LAURA F. BALDINI

JUDGE OF THE SUPERIOR COURT

Baldini, Laura F., J.