I had a check returned by my apartment complex because I did not write the date on the check. The due date was on Oct. 15; I gave them the check on the Oct. 12 but absentmindedly did not put the date on the check. It cleared my bank and showed as a debit on the 14th but was returned on the 16th. The bank has reversed my returned check fee, but the apt. complex has charged me $130.00 for returned check charges and late fees.

The question is-Who is responsible for not having the date on the check-me or the person (or the apt. management) who actually took the check??? The check was date-stamped by the apt. manager on the 12th, but whom is the burden on-myself or the person who took the check?

I have talked to the apt. manager and she will not reverse the charges. Just wondering if this has happened to anyone before and what they did....

10/25/2006 9:21:42 PM

uhhhh...you wrote the check right?

how is there even a question. it's your financial instrument, therefore its incumbent upon you not to fuck it up

10/25/2006 9:22:51 PM

I'm glad you review every check that you write. I however, did not. I know I was wrong to not write the date. Can you provide a link that tells me I have no right to not pay the $130.00 late charge?

10/25/2006 9:29:39 PM

I'm pretty sure that $130 is above the legal cap on returned check fees and late rent fees... even when combined. I don't have links, but google should be able to track down the specifics for you.

10/25/2006 9:34:48 PM

The thing is, the money was def. available and I did not get a call from the apt. manager saying the date was not on the check. It did clear my acct. and after that I did not know it was returned until today. The main question I have is..... Is it the apt. manager's fault for accepting a check without a date and submitting it to the bank or is it mine?

10/25/2006 9:39:41 PM

yours

the check probably got returned by the bank once it went through manual clearance. just because the money "comes out of your account" doesn't mean it "cleared"

[Edited on October 25, 2006 at 9:46 PM. Reason : .]

10/25/2006 9:45:31 PM

I think it's pretty understandable for the apartment manager to not notice a date was missing on one of the many checks they were probably depositing at the same time. I'd say it's your fault.

10/25/2006 9:47:05 PM

i think it's amusing you even think for a second this is not 100% your fault

10/25/2006 9:52:50 PM

YOUR FAULT

10/25/2006 9:53:52 PM

I don't have an answer

but the thing that makes this interesting is that it cleared the bank (by "cleared" I mean there were sufficient funds as I understand it) but then the bank said OOPS! No Date and reversed it. Personally I think since there wasn't an INSF issue that it's a no-fault situation and you should obviously write them a new check but not pay the $130.

Not sure, but I think if you write them a rent check and they cash it without the extra $130 it's the same as admitting you don't owe them that $130 ... I forget the name for it

10/25/2006 9:56:49 PM

^what.
did you expect that to make sense?

it wasn't a NSF issue, its a returned check due to the fact that a check without a date is not valid and cannot be cashed.

[Edited on October 25, 2006 at 10:00 PM. Reason : .]

10/25/2006 9:58:16 PM

Take it as a lesson to always write checks correctly, pay the 130$, and move on.

10/25/2006 9:58:38 PM

I guess I'm in the minority, but I wouldn't think its completely your fault. I would think the apt complex would have some responsibility for checking every check they take in. I also, wouldn't think the date wouldn't be that big of a deal if they date stamped it. But I'm no financial wizzard

10/25/2006 11:03:59 PM

If you were to hand them cash, and it wasn't enough, would they tell you, or not tell you anything and then just charge you a late fee after the date has passed.

I think it's pretty absurd to pay $130 when they could have checked the date as well.

I wouldn't pay it. What are they going to do, take you to court? Evict you? They could call a creditor on you, but you could threaten to take them to court if they touched your credit. What situation would they like better, you continue to be a cordial, paying customer (checking dates from now on) or would they like to pay a lawyer his $200/hr rate to go down to the court house and talk to the judge about why they turned you in to a creditor when they accepted an incomplete check from you as payment for your debt?

10/25/2006 11:31:56 PM

Quote :

"§ 25-3-506. Collection of processing fee for returned checks. A person who accepts a check in payment for goods or services or his assignee may charge and collect a processing fee, not to exceed twenty-five dollars ($25.00), for a check on which payment has been refused by the payor bank because of insufficient funds or because the drawer did not have an account at that bank. If a collection agency collects or seeks to collect on behalf of its principal a processing fee as specified in this section in addition to the sum payable of a check, the amount of such processing fee must be separately stated on the collection notice. The collection agency shall not collect or seek to collect from the drawer any sum other than the actual amount of the returned check and the specified processing fee. (1981, c. 781, s. 1; 1983, c. 529; 1987, c. 147; 1991, c. 455, s. 1; 1995, c. 232, s. 1; 1997-334, s. 1; 2000-118, s. 1.)"

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_25/gs_25-3-506.html

That's probably what darkone is talking about, but this is a late fee...not an insufficient funds claim so it doesn't apply.

There is a part of me that says the apartment manager is partly responsible. It's kind of like taking cash from somebody and not counting it. It's almost your own fault if you get screwed.

Then again, you're the one who handed them a bad check. You might have put it in a drop box for all we know, but that's not the main point.

Seems like something that could be handled in your favor as long as you were courteous and tactful. That is unless you're dealing with The Preiss Co. Then you're screwed.

10/25/2006 11:32:06 PM

you were late. it doesn't matter the circumstances. if you are late, you get the fee.

10/25/2006 11:39:39 PM

I once wrote a check and post dated it, thinking and hoping that the bank wouldn't clear it until the posted date (which was the date I knew I'd have the appropriate funds), but they cleared it before then anyway, which resulted in an overdraft fee for me. When I called the bank, the person on the phone goes, "oh we don't look at the date.."

As for you, personally, I think you're at fault, but I also think you got screwed.

[Edited on October 26, 2006 at 8:21 AM. Reason : as]

10/26/2006 8:19:33 AM

Quote :

"Can you provide a link that tells me I have no right to not pay the $130.00 late charge?"

What does your contract on late payment say?

10/26/2006 9:12:08 AM

Call channel 5.

10/26/2006 6:18:56 PM

Quote :

"you were late. it doesn't matter the circumstances. if you are late, you get the fee."

10/26/2006 6:23:33 PM

the 12th sounds late to be paying rent anyway...

10/26/2006 6:35:30 PM

I worked as a leasing agent for an apartment complex for about 6 weeks.

All I can tell you is that if someone post dated a check, and we took it to the bank and they cahsed it early, then our asses were on the line. We were responsible for any fees incurred from overdrawing/ect.

Probably doesn't help you though.

10/26/2006 6:46:20 PM

well, are you gonna make sure you put the date on future checks? Oh, make sure you sign them also....

10/26/2006 7:25:58 PM

My work forgot to sign my paycheck one time. I did not fine them $130.00.

10/26/2006 7:27:42 PM

I'd say that you are probably getting screwed. Assuming that the afforementioned statute is correct, the most that they can charge you for a late check is $25 leaving $105 in late fees. By NC law, the most they can charge for late fees is $15 or 5% of the monthly rent. By my math (which may be wrong), if your monthly rent is less than $2100 then you are getting screwed, regardless of what your lease says.

10/26/2006 8:28:56 PM

its your fault

10/26/2006 9:30:58 PM

To put it simply: unless you show up with legal representation, they're going to laugh at you. For a laywer to research the case and say something to them, you're going to pay more than the $130. Suck it up, date your checks next time, and move on with life.

10/27/2006 11:06:18 AM

^Try student legal, it's free....and they will write a letter to yoru apartment complex for you.


I work at an apartment complex in Raleigh, and I am responsible for collecting rent checks.
I get in trouble if I don't check the entire check before allowing the tenant to walk away, so it would be my fault if I took a check that didn't have a date.

Further, I would suggest that the person responsible for making the deposit should have verified each check before taking it to the bank, and that includes making sure dates and numbers are correct.

In my opinion, your apartment complex is trying to pass on the processing fee they got from the bank, plus some. There is no reason you should be held accountable for the date thing. If it was something like you wrote the check wrong or didn't sign it, I could understand that, but if it's only a date then the apartment person should have just filled that in.

[Edited on October 27, 2006 at 11:12 AM. Reason : .]

10/27/2006 11:11:37 AM

Ask them for a bill for the return check charge. Ask them to put in writing what the fees are for. Don't argue with them or anything just explain your parents need it for taxes.

Then when they list it as a returned check charge give them a copy of the law.

As far as charging you $130... they MUST have a policy of how much late rent can be. I know there's a limit but I forgot where to find it. It's usually 5% of your entire rent.

5% + $25 = ?

Your charge should not exceed that. If it does fight tooth and nail and even threaten legal action.

10/27/2006 11:16:48 AM

I know if someone was to give me cash or a check for payment of something i would be 1) counting the cash or 2) making sure the check is legit and filled out correctly

i know i open up my check stub at work as soon as i get it to make sure everything looks ok and i have direct deposit!

you may have forgotten the date but it damn sure isnt your fault, i damn well promise if you could pay rent in cash and did so they would be counting every last dollar that you paid with, so they should be watching checks also... i bet these people dont even check to see how much you made the check out for

they are just passing the blame and trying to get extra cash out of you for it, shitty situation, i know how it feels being in a similiar situation, not much you can do but pay it unless you want to spend more money and time just out of principle

[Edited on October 27, 2006 at 11:22 AM. Reason : swear some buttons on my keyboard dont work right]

10/27/2006 11:20:42 AM

Quote :

"Further, I would suggest that the person responsible for making the deposit should have verified each check before taking it to the bank, and that includes making sure dates and numbers are correct. "

They should have, but converely, you're obligated to ensure that your form of tender is legal.

Quote :

"If it was something like you wrote the check wrong or didn't sign it, I could understand that, but if it's only a date then the apartment person should have just filled that in."

He did write the check wrong, he didn't put in the date. And are you seriously suggesting that the complex should have altered a signed check without the signer present to sign off on the alteration? I don't think so, I know I sure as hell wouldn't do that.

Quote :

"you may have forgotten the date but it damn sure isnt your fault, i damn well promise if you could pay rent in cash and did so they would be counting every last dollar that you paid with, so they should be watching checks also... i bet these people dont even check to see how much you made the check out for "

Irellevant, it is his fault that he filled the check out wrong.

10/27/2006 12:12:01 PM

Actually, the IRS says you should write in the date on the check

The following is the direction given by the IRS in the case of a check that has a missing date and what the depositor should do with the check.

Quote :

"Missing Date on Check—If a check is returned for a missing date, enter the original deposit date (from the back of the check). These checks should then be promptly delivered to the Deposit Activity for redeposit. "

http://www.irs.gov/irm/part3/ch08s01.html

10/27/2006 12:32:11 PM

yea you're gettin screwed.

10/27/2006 3:35:17 PM