returned check fee

[Becky Lea]

I live in Colorado, and my previous landlord has threatened to sue me for a returned check. There were insufficient funds in the account, but he redeposited the check a week later and it went through. Now he's telling me that he can, by Colorado State law, charge me for 3 times the amount of the returned check-that's $2100 he claims he can collect! There is nothing about this in the lease. How can I find out what the laws are regarding returned check fees---but keep in mind that he DID (a week later) cash the check for the full amount. Help!!!

 

[HomeGuru]

Princess Lea,
check with the State of Colorado Consumer Protection Office. He must be on a Rocky Mountain High if he thinks he is going to collect that kind of money from you.

Signed,
Luke Skywalker and Chewy

[Edited by HomeGuru on 12-05-2000 at 11:11 PM]

 

[Wgoodrich]

Not a lawyer but am a landlord. GET A COPY OF THAT CANCELLED CHECK FROM YOUR BANK AND GUARD IT WITH YOUR LIFE!

That cancelled check is your defense. First he can not collect twice for a debt owed. He can only collect cost incurred to him for the returned check. If he collected money by cashing that check then the question is mute except expenses of handling the returned check.

The three times the money that he is threatening is most likely referring to civil fraud penalties. I see no case for him to prosecute if he has already collected what is owed. Again the question should be mute.

Guard that cancelled check!

Good Luck

Wg

 

[Jack Mevorach, Esq.]

Very unlikely. Very.