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  #1  
Old 12-26-2001, 12:43 PM
kokopeli
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To Return or Not


I lived in an apartment community in Virginia for two years on a lease with deposit. Upon moving out, my deposit was held for 3 weeks and then was sent to me (but seemed less than I moved in with). However, several months later, I received another check for 1 month's rent as a return on my deposit. I cashed the check happily and three months later, I received a letter asking for it back. Now they have submitted to collection company that constantly sends mail requesting me to pay it back. Most recently an offer by them to accept half back to close this out.

Am I really legally obligated to pay this back? Can they damage my credit because of this? Should I not have received registered mail to account for my acceptance of any notices?

Thanks in advance.
  #2  
Old 12-26-2001, 11:05 PM
bbauer
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Do not have to pay it back.


While the ethical thing to do would be to pay it back you are under no obligation to do so. It was their mistake, they made it and that should be the end of it. I'd demand that they prove that they overpaid you and if they can prove it then I would pay it back just to save hassles.
[email]ceo@creditwrench.com[/email] [url]http://www.creditwrench.com[/url]
  #3  
Old 01-01-2002, 06:23 PM
JasonRT
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Dear kokopeli,

You are obligated to return the funds they overpaid you. The collection agency should have a copy of the contract (lease) and the checks that were sent to you. They will be able to easily prove that you were overpaid.

Is it really worth having your credit hurt over money you were never entitled to and basically stole in the first place?


[email]JASON@LEGISLATOR.COM[/email]

"What are you people thinking???"
  #4  
Old 01-01-2002, 10:29 PM
bbauer
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Quote:
[color=brown]The collection agency should have[/color]
And that's the operative key right there. SHOULD HAVE. And what if they don't have? They already screwed with your credit and put a hickey on it. You can bet on that. So make them prove it and if they can't then make sure it' crying time for them.

Don't listen to old numbnutz there. He's already told you the names of some of his girlfriends, Shoulda , Woulda, Coulda, Mighta, Hadda. He keeps them close on his left side and on the other side he's got Madam DePalm and her 5 daughters and it's obvious he's run them ragged. How else did he get so crazy?
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