Legal Question in Credit and Debt Law in Georgia

I currently reside in Georgia but before then my husband and I were in Puerto Rico trying to rent an apartment in the United States we applied for an apartment in July of 2011 in Florida we both sent checks in the amount of 100.00 dollars, this was an application fee, mines was a holding fee on the 22nd of that month the checks were charged to my account and my husbands. Almost three months later after these checks were charged we check our accounts and we were charged again for the same checks only with different signatures on the back of the checks our bank went about our situation differently for each of us with my husband they were able to get the check adjusted but because i only had 50.00 dollars in my account they charged me an overdraft fee and when i called my bank they told me I had to look into it as a fraud.What has to be done in this case and could they have also used our personal info?


Asked on 10/18/11, 12:26 pm

1 Answer from Attorneys
Rachel Hunter

I answered a similar question yesterday except now there are added facts. I am not sure what is going on here. What are you seeking?

If the bank wrongfully paid a check (which I don't understand how the same check could be presented twice), then the bank should make good on the funds that were paid out. The only difference might be if there were overdraft charges. If checks were bouncing in your account for reasons otherthan this check, theny your bank will not credit you for the overdraft charges.

If this was not the fault of the bank, then you need to write to the owner of the property as well as the property manager (if they are different) and demand an explanation. You should also seek reimbursement for the value of the duplicate check as well as any overdraft fees. They will want to see a copy of your bank statement to substantiate this.

If this is a legitimate company, I would not be concerned with privacy issues. What do you think they will do with the information? Many landlords want a credit report, your Social Security number and other personal data. Obviously, if the landlord abuses the information, then he/she/it will be liable.

Depending on what you find out from the property owner/management company will dictate what you do next. If there was some kind of criminal behavior involved by the local manager, you might want to go to the police and press criminal charges. If this was some kind of error by the company, then you should be reimbursed, but if they refuse, then I would sue the property owner and manager if they are in Georgia.

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Answered on 10/18/11, 4:39 pm


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