Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on January 2, 2014 at 7:37

I'll see what I can do. 

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Permalink Reply by Paul on January 2, 2014 at 7:39

Thanks Skip I really appreciate it.

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Permalink Reply by Skip Peel - Mineral Consultant on January 2, 2014 at 7:46

I'll be back later.  In the meantime, are you signed up for the Chesapeake Owner Information Online System?  If not see if you can do so.  Use this link:

https://www.chk.com/Owners/Pages/Login.aspx

Also use the links in the left hand column of the web page to see if any of the scenarios fit your situation.

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Permalink Reply by Paul on January 2, 2014 at 8:36

I don't have an account with them and so no log in password and they don't don't have a way to sign up. just for their news letter.

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Permalink Reply by Skip Peel - Mineral Consultant on January 3, 2014 at 4:00

I'll see if I can find out how to get you logged in when I get caught up.  Whose name would the lease be in?

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Permalink Reply by Robert B Dunlap on January 14, 2014 at 5:04

Paul, I don't recall seeing where your property is, but if it is in Louisiana, you need to send a letter to Chesapeake via certified mail requesting that they start royalty payments or provide a reasonable explanation for not paying which explanation should include an accounting (in the event they are claiming you have been overpaid).  They have 30 days from receipt to either start paying or provide an explanation.  If they do not pay you or provide a reasonable explanation, you can sue to recover the royalties, double those royalties as a penalty and attorneys' fees and costs.  Bear in mind the prescriptive period for recovery of royalties is 3 years, so if you were underpaid 37 months ago, you may have lost that.  On the other hand, a "writing" under the Mineral Code may include emails to Chesapeake, so while I recommend a certified letter, you may be able to rely on other "written" forms of communication if push comes to shove.  The only problem then is proof of receipt.

I have to say, Skip Peel has given some very good recommendations. The group is lucky to have his input.

Good luck.

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Permalink Reply by Paul on January 14, 2014 at 9:26

Thanks Robert. I loath Chesapeake so. We're going on 4 months with noexplanation or payment.

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Permalink Reply by d m on January 10, 2014 at 10:40

paul, how long is your lease???

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Permalink Reply by linda alexander on January 16, 2014 at 7:42

I feel your pain! The good thing about this, is, at least you have been paid. We signed division orders in Feb. of 2011. We have not received a penny yet. Chesapeake is treating us the same. We can't get answers either.  I find it hard to believe also, since they seem to have money for everything else. Just a couple years ago, the gave away millions of dollars to Desoto Parish School System, ( which is not a bad thing) but, I wish they would  at lease have the common decency to explain why we have not received anything, or when we will, or to at least answer our questions and stop giving us the run around.  I am far beyond frustrated. whatever is on the other side of frustration, that's where I now am dealing with Chesapeake.

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Permalink Reply by Robert B Dunlap on January 16, 2014 at 8:02

Linda, send your thirty day letter, certified asking for payment or an explanation why they aren't paying.  In you letter, identify the well and the lease.  Send a copy of the letter to all lessees if there are more than one. If they don't pay or respond within 30 days of receipt, you may be entitled to the royalty owed, double that amount as damages, attorney's fees and costs.  You can do this yourself.  At a minimum, start the clock running on them.

The best time to send a demand letter is 30 days ago.  The second best time is today.

Best of luck.

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Permalink Reply by Andrew on January 16, 2014 at 20:35

The best time to send a demand letter is 30 days ago.  The second best time is today.

Well said.

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Permalink Reply by Paul on January 17, 2014 at 3:51

Called Chesapeake yesterday and FINALLY got an explibnation on why we were in suspension. Apparently they were paying us a full share when we had a hlf share per acre even though when we signed the devision order this was expressly spelled out. Why a billion dollor company is so inept is beyond me. 

Thank you all so much for all of your advise it was very helpful!!

God Bless!!!

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