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    hidden123's Avatar
    hidden123 Posts: 153, Reputation: 51
    Junior Member
    		  
    #1

    Oct 24, 2011, 02:01 PM
    Landlord of 3 years ago is asking for rent check
    Hi.. I have a bit of an odd situation and would appreciate your input..

    I was bored the other day and was just playing with my iPhone - when I came across a button that was called "Other " under messages. As I was idly looking through invitations to different events and such that I usually ignore - I came across a message from my old Landlord of 3 years ago. Apparently he has been trying to reach me because wile he was being audited - he came across and old rent check from me for August 2008 ($1200) that he never deposited.. I had no idea about this - and still need to verify it with my old bank - as I would notice $1200 not being taken out from my account. However, as he has the hard copy of the check (he sent me via email, I assume it's possible he did not deposit it indeed) He was trying to reach me via one of my old emails starting July4 of 2011 as well as via Facebook - however, I only stumbled upon upon his message last Friday. Long story short - he tried to deposit the check that is 3 years old to my old bank account. I have not banked there in over a year - so, of course check was bounced. Now, after I stumbled upon this message on Facebook - I contacted him and he forwarded to me all the emails that he had sent to me since July 4. The last email said that he had sent me to collections. My question is: Does he have a right to do that? I sent him the check on time in 2008 - the stamp on the envelope proves that. I was no aware of the fact that he had not deposited it (if indeed that's the case).. Now, on top of all this, he wants to charge me $25 for his bounced check and is convinced that I have been ignoring him on purpose.. What rights do I have in this case? I do not have $1200 just like that to pay him back, plus, I don't see how he could possibly send me to collections for the mistake that he made! I'm thinking for something this important he should have notified me by certified mail... I'm listed - so the address should have been possible to find... Any thoughts are very appreciated... Thank you..
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 24, 2011, 02:31 PM
    Check with your bank and make sure that he never cashed the check. However, if he still has it, it would be highly unlikely that he did.

    You, assuming he didn't cash it, and also assuming that the applicable statute of limitations has not run, are liable for the money. Checks are normally not good after that length of time, so the fact that it bounced is not your fault. Thus you don't owe him the $25 bounced check fee.

    You are at fault for failing to keep your account balanced. If you had, you would, in theory, not have spent the money on other things; the money would be available in the account.
    hidden123's Avatar
    hidden123 Posts: 153, Reputation: 51
    Junior Member
    		  
    #3

    Oct 24, 2011, 02:34 PM
    This account has been closed for over a year - I don't even bank with that bank anymore...
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 24, 2011, 02:38 PM
    Quote Originally Posted by hidden123 View Post
    This account has been closed for over a year - I don't even bank with that bank anymore...
    So? You should still ask them to check the records.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 24, 2011, 04:54 PM
    I agree with what AK said, it may take a while, but the bank should be able to find the records.

    You are not responsible for any costs he incurred for trying to cash the check. But you do owe the money.
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