Wheres my rent check!?! Updated Daily!

[Capt Caveman]

Great... Lets get rid of email and go back to snailmail. Facepalm.

Nobody I know uses cheques. I doubt anyone would accept them.

When you grow-up, you'll find that checks can be useful.

 

[TangoJuliet]

Update

This is the message the LL sends me tonight

Spoke to 2 branch managers at Citi (one a friend and walked into a branch) and a manager at HSBC. They all told me same thing. **
You file a investigation - the bank receiving that check is responsible for verifying that it went into the proper account. *They will either debit that persons account or credit your account themselves.*

Either way - you will get the $2500 back from them. *Whoever your speaking to is wrong. * *I can go to the bank with you on Monday if need be.*

 

[ShawnD1]

or at least start paying in cash.

Sorry to come late, but NEVER NEVER NEVER NEVER PAY CASH. NEVER. Even if you get a receipt, that's not good enough. Your little piece of paper receipt is nothing compared to a bank paper trail into the guy's account. That goes for anything. Rent, loaning money to someone, repaying a loan to someone, etc.
Also try to include a memo about what that cheque is for. Mine say things like "september rent" or "oct-nov-dec utilities". Money loaned should say that it's a loan just so it can never be argued.

Thinking last night, there is one perfectly valid answer; having seen it happen. Rarer now that tellers are using terminals, but it still can happen.

The check had the proper account number on it for deposit - however, it was accidentally credited to the wrong account by the bank - simple little typo if no one is paying close attention.

So the amount of xxxx is now in person's B account instead of the LL account. LL is correct, the deposit never happened. The OP is correct; he sent the check to the LL and is cleared.

:thumbsup:

 

[I Saw OJ]

Ugh, if my land lord started sending me text messages I would have to get a new phone number.

 

[TangoJuliet]

Today's update

Me: Chris I just got off the phone with citi again and I had them start an investigation on where the check was deposited. If it was done at an atm or branch I'll get that information. If it was done through a mobile device then I'll get the bank's information. They should be able to get that information today.

The rep was almost 100% positive that the check was deposited into the account on the back of the check but we'll find out more

LL: Ok. If you are not getting answers you want or as quick as you want, a good friend of mine is a manager there and she can help. Let me know.

How would the person even know what bank to deposit it into? Didn't say capital one. Just an account number.That would be a hell of a guess.

Plus I've looked at my account everyday and it's not there. I can send screen shot if you want to show them.

Me: The rep said it is impossible to deposit it into any other account then the one on the back. The only other scenario she said could happen is if there was a typo on the account number when depositing it. sure, u can send me a screen shot if u like

LL: He's right....but if it's deposited into an ATM or with mobile device no person looked at the check. And it's possible who ever double checked ATM in morning was lazy....And that bank will be responsible

Me: Very true. So let me ask u this. Where is the check? Do you not have it any more?

LL: Huh?

Me: You said kerri tried to cash it on 2/29 but the bank wouldnt let her. You then said it was in her truck. So where did it go?

LL: If we knew that the. This process would be easy

Me: Ok. so let me see if I have this correctly. You got the check somewhere around the 2/27-2/29. You signed the check and put your account number on it and your wife tried to cash it. You then contact me on 3/5 saying that you never got the rent check but that obviously was not the truth. So the possible scenario here is your wife lost the check and you tried to blame it on me not sending it. Someone found the check and was successful in cashing it. Now you have me doing the leg work on finding out what happened??
This is seriously a huge inconvenience

LL: I admit it was our fault and would be willing to do the legwork Citi will only deal with the account owner. Perhaps you could give permission for them to deal with me
I have no problems doing the work and quite frankly know the lingo to use better...And we apologize for the inconvenience.


So that was indeed the case. LL lied to me that I didn't send the check when in fact it was his wife that lost it. What a piece of shit!!!!!

 

[SandEagle]

time to move

 

[TangoJuliet]

time to move

exactly

 

[Insomniator]

Wow what a stupid douche. And who the hell loses a check?

 

[LookBehindYou]

Feel for ya, that would be crazy frustrating. Not sure I'd be able to remain calm through that bullshit.

 

[TangoJuliet]

Feel for ya, that would be crazy frustrating. Not sure I'd be able to remain calm through that bullshit.

Its very very difficult. We have a lot of information/evidence that will help us to break to lease so I have to stay calm. The more that I can show him as a big douche the better for us in helping us get the F out of here.

 

[highland145]

would be willing to do the legwork Citi will only deal with the account owner. Perhaps you could give permission for them to deal with me

Riiiight. "here's access to my accounts" Jump on that OP.

 

[TangoJuliet]

Riiiight. "here's access to my accounts" Jump on that OP.

Haha. I know, right.

 

[alkemyst]

In reality post dating a check and/or even putting the wrong 'name' as the payee legally can't kept a creditor from being able to cash it.

Another reason checks aren't as secure as people who use them think they are.

 

[Metron]

Your payment liability ended when you handed/mailed him the check for payment, and that is what I would repeat to him every time he asks for your further help.

You have the evidence of the deposited check as your proof.

I would have your bank perform an investigation, and have him speak with the bank for any further information.

Stop post dating checks.

 

[TangoJuliet]

Stop post dating checks.

Well, I already told him because of this I am no longer mailing checks to him. He has to come to the house to pick them up. I was only post dating them because I was sending them early to avoid being late.

Seriously, if the guy was just honest and upfront he could have said "hey, look I lost the check. can you call your bank to stop payment on it and I'll cover all the fees associated with it"?

Instead he lied and someone was able to successfully cash the check not letting me stop payment on the check. If this guy gets any money back he really should kiss my ass and fix all the shit around here immediately.

 

[Schfifty Five]

Ok, so it's apparent the LL is a Dbag and a liar. The question now is, do you honestly believe the money is in his account or not?

You should just reply to him saying that he already lied to you about the check, etc, and the bank shows that the money was taken out of your account and put into theirs, so they can go pound sand/fuck themselves.

 

[slag]

Your payment liability ended when you handed/mailed him the check for payment, and that is what I would repeat to him every time he asks for your further help.

You have the evidence of the deposited check as your proof.

I would have your bank perform an investigation, and have him speak with the bank for any further information.

Stop post dating checks.

Exactly.

My response to the LL would be:

Sir, I paid you and you acknowledge that you received the check. I have no idea what happened to it afterwards and quite frankly, it is not my concern. Good luck with your findings and I'll speak to you again next month when I pay the rent for April.

 

[Blieb]

IIRC - In Florida, if you accept a post-dated check, you can't go after the person for certain things - like NSF. Something about accepting it post-dated waives rights.

 

[Metron]

...snip...
Instead he lied and someone was able to successfully cash the check not letting me stop payment on the check. If this guy gets any money back he really should kiss my ass and fix all the shit around here immediately.

Above section is NONE OF YOUR CONCERN...

You gave him a check for payment, which he acknowledges.
Check was cashed.


According the the Uniform Commercial Code, you offered payment, and he accepted.
You presented him with a check...

What happened to that check afterwards is NOT YOUR PROBLEM.

If I were you, I would contact your bank and CONCISELY describe what has happened (You gave him a check for full amount of rent, somebody deposited the check into HIS account, and now he is claiming that he lost check/didn't receive funds).

At the very least, he is attempting to defraud you or the bank.

Let THE BANK handle it, and stop talking to him. Refer him to the bank for any further updates.

PS.. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO PAY FUTURE RENT WITH CASH. This guy sounds like a swindler/con man/grifter. Your check gives you exactly the paper trail of proof that you need. Cash leaves you with nothing but your word against his... which as you see is worthless.

 

[paperfist]

Time to get a major discount on the rest of the rent!

 

[highland145]

IIRC - In Florida, if you accept a post-dated check, you can't go after the person for certain things - like NSF. Something about accepting it post-dated waives rights.

Same here. Additionally, if it's deposited more than 10 days after receipt, no NSF or worthless check warrant.

 

[Schfifty Five]

It's clear he has the money. It shows on your bank statement that it was deducted from your account. Your bank confirmed it was deposited into that account #.

I can't remember, but did you find out if his bank confirmed the money was in his account?

 

[darkxshade]

I have no idea how this still isn't resolved with all that paper trail. If it was deposited, there are 2 banks involved, one would be able to tell if money was sent and one would be able to tell if money was received. If there are any disconnects, then one of the banks screwed up. Otherwise the LL has the money. geez

 

[Schfifty Five]

I have no idea how this still isn't resolved with all that paper trail. If it was deposited, there are 2 banks involved, one would be able to tell if money was sent and one would be able to tell if money was received. If there are any disconnects, then one of the banks screwed up. Otherwise the LL has the money. geez

^ Agreed.

I mean the only thing I'm not sure about is if OP was able to talk to the LL's bank to see if it was deposited. I know on his end, his statement shows that the money is gone and was sent to the acct # of his LLs.

I too am confused how this still isn't settled.

 

[TangoJuliet]

I have no idea how this still isn't resolved with all that paper trail. If it was deposited, there are 2 banks involved, one would be able to tell if money was sent and one would be able to tell if money was received. If there are any disconnects, then one of the banks screwed up. Otherwise the LL has the money. geez

My bank (citi) is 99% sure that the funds are in his account. The reason why they can't track it immediately is because there is no stamp on the back of the check. It was either deposited via ATM or mobile app.

They assured me that they can find out who the receiving bank is but it takes a little longer then if we had the stamp. They are doing an investigation now and should have that info by today or tomorrow.