D

[Jillskylark]

Jurisdiction

North Carolina

I moved out of an apartment I shared with a roommate, and my roommate stayed behind in the apartment. The girl replacing me in the apartment (we'll call her Jane) agreed to pay me $450 as a "deposit", because when Jane moves out at the end of her lease, she will receive (from the rental company) the deposit money that I paid when I originally moved in- it will transfer to her, because I signed away my right to that money when I moved out.

Long story short, Jane wrote me a check for 450$, my former roommate allowed Jane to move in, the check bounced, I texted Jane about the issue a.s.a.p and she offered to pay me the money the following week. It never happened. A week later I texted her a friendly reminder and got no response.

I took a month to research and decide what to do.

I ended up writing a letter which officially informed Jane that the check bounced, asked for payment of the money within 30 days, and made known my intention to pursue the 450$ to the extent of the law, etc.

I tried calling the evening before sending the letter, hoping to have a conversation and possibly work out the issue. I left a short voicemail with my name and that I was calling to collect the $ 450 for the check she wrote me that had not cleared. I also sent a text summarizing my concerns, saying that I was concerned she might not really intend to pay the money, and saying that I would prefer to settle the issue without invoking the justice system. (She didn't take it very well, and said that paying the money was just the last thing on her mind because she was busy.)

I sent the letter certified mail and planned to get copies of our conversations, which had all taken place by text message, besides the brief voicemail message.

Then, I changed my mind about filing the claim. As the deadline approached, it became way too stressful to me to go through with it, not to mention time consuming to file the suit in small claims before the statute of limitations expired. I also began to doubt whether or not I really had a case, since I realized my former roommate was the one who made the orriginal agreement with Jane in the first place (not I). At that point I was also worried this would constitute some sort of abuse of the legal system, and may extend to a mistreatment of Jane as a result. Anxiety got the bether of me, as I realized I hadn't handled anything about the original agreement properly.

So, is there anything I can do to simply take back the threat to sue and wipe my hands clean of the whole thing? If I have done anything legally wrong, how can I fix it? I've heard that extortion can be a concern if you send a letter like this and don't follow through.

Thanks,
Andrea

I moved out of an apartment I shared with a roommate, and my roommate stayed behind in the apartment. The new girl replacing me in the apartment (we'll call her Jane) agreed to pay me $450 as a "deposit", because when Jane moves out at the end of her lease, she will receive (from the rental company) the deposit money that I paid when I originally moved in- it will transfer to her, because I signed away my right to that money when I moved out.

Long story short, Jane wrote me a check for 450$, my former roommate allowed Jane to move in, the check bounced, I texted Jane about the issue a.s.a.p and she offered to pay me the money the following week. It never happened. A week later I texted her afriendly reminder and got no response.

I took a month to research and decide what to do.

I ended up writing a letter which officially informed Jane that the check did not clear, asked for payment of the money within 30 days, and made known my intention to pursue the 450$ to the extent of the law, etc.

I tried calling the evening before sending the letter, hoping to have a conversation and possibly work out the issue. I left a short voicemail with my name and that I was calling to collect the $ 450 for the check she wrote me that had not cleared. I also sent a text summarizing my concerns, saying that I was concerned she might not really intend to pay the money, and saying that I would prefer to settle the issue without invoking the justice system. (She didn't take it very well, and said that paying the money was just the last thing on her mind because she was busy.)

I sent the letter certified mail and planned to get copies of our conversations, which had all taken place by text message, besides the brief voicemail message.

Then, I changed my mind about filing the claim. As the deadline approached, it became way too stressful to me to go through with it, not to mention time consuming to file the suit in small claims before the statute of limitations expired. I also began to doubt whether or not I really had a case, since I realized my former roommate was the one who made the orriginal agreement with Jane in the first place (not I). At that point I was also worried this would constitute some sort of abuse of the legal system, and may extend to a mistreatment of Jane as a result. Anxiety got the better of me, as I realized I hadn't handled anything about the original agreement properly. It wasn't even written down, let alone notarized.

So, is there anything I can do to simply take back the threat to sue and wipe my hands clean of the whole thing? If I have done anything legally wrong, how can I fix it? I've heard that extortion can be a concern if you send a letter like this and don't follow through. I'd like to be absolutely sure I've righted any possible wrongs on my part, even if repurcussions are unlikely.

Thanks,
Andrea

 

[mightymoose]

How exactly did you go about paying the $450 when you initially moved in? Did you pay it directly to the landlord?
If so, you can receive that money from the landlord, but possibly not until everyone has moved out. "Jane" has no claim to a deposit that you paid.
However, if you gave the money to your roommate and that person paid the deposit in full, then only that roommate should receive the deposit from the landlord.
This is, of course, assuming that a deposit refund is due.

You may be able to work with the landlord to receive your partial refund, and the landlord can seek a new deposit from the new tenant. Give it a try and see if they will work with you.

You can also report the bounced check to law enforcement just encase there are any applicable criminal statutes in your state for writing bad checks. That might motivate Jane to pay up quickly.

 

[Jillskylark]

How exactly did you go about paying the $450 when you initially moved in? Did you pay it directly to the landlord?
If so, you can receive that money from the landlord, but possibly not until everyone has moved out. "Jane" has no claim to a deposit that you paid.
However, if you gave the money to your roommate and that person paid the deposit in full, then only that roommate should receive the deposit from the landlord.
This is, of course, assuming that a deposit refund is due.

You may be able to work with the landlord to receive your partial refund, and the landlord can seek a new deposit from the new tenant. Give it a try and see if they will work with you.

You can also report the bounced check to law enforcement just encase there are any applicable criminal statutes in your state for writing bad checks. That might motivate Jane to pay up quickly.

Hi, thanks. Actually, I paid the money to the girl whose place I took in the apartment, just like Jane has now taken my place. I paid $450 to a previous tenant who was moving out, and Jane agreed to do the same for me when i was moving out and Jane was moving in. I could still try to pursue the money, but I'd actually prefer the peace of mind of having the issue closed. I just don't know if it is appropriate to inform someone that you don't intend to file a claim, if you have already threatened to file a claim.

 

[mightymoose]

It seems the landlord in this case owes you nothing.
If you choose to pursue it, your resolution to this in in small claims court- although prior to that you can talk to the local police about any statutes regarding bad checks. A little visit from the PD might change Jane's mind about stiffing you.
Don't be intimidated by small claims if it comes to that. It really isn't that bad for the average person to get through.

 

[Jillskylark]

I appreciate your advice. There are so many areas of law... What type of attorney would a person need to speak with in a case like this one to find out if they had broken any laws by mistake?

 

[mightymoose]

No attorney for this. It wouldn't be worth the cost.

A quick search gives this info:

North Carolina Dishonored Check Law - State Laws - Bad Checks

Bad Check Laws by States-Civil & Criminal Penalties

Law on Writing a Bad Check in North Carolina | eHow