General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums(My) first world problem and complaint - right now.
I got served a summons at home late last night. I am being sued for NOT CASHING A CHECK that I never received and knew nothing about until last night. WTF?
It appears they want to charge me attorney's fees that total the amount of the check, or worse, the amount of the check plus some.
Has anyone ever heard of such a thing? Can they really do this? Anyone know?
uppityperson
(115,681 posts)Control-Z
(15,682 posts)The money is in an escrow account from the short sale of a condo we owned. (Yeah, we got screwed in every possible way from the Bush/Cheney financial collapse.)
MADem
(135,425 posts)able to give you advice that you can rely on - it's the internet, after all.
Control-Z
(15,682 posts)to another lawyer on top of the ones suing me. Not a chance.
Ilsa
(61,707 posts)The state's comptroller's office.
Might be interesting to hear their offer, but it sounds fishy.
Control-Z
(15,682 posts)Basically they are saying it cost them time and money to still have some extra money in an account. It makes no sense to me. None. I guess they feel they should have had the money for their own use - and since we've prevented their enrichment we should be penalized?
treestar
(82,383 posts)not cashing a check is hardly sue-worthy. How can they have a legal cause of action? Unless you contracted to sign it and thus it is a breach of contract.
and how can they be damaged by you not cashing their check? They are still in possession of the money. And can void the check.
Control-Z
(15,682 posts)I'm completely baffled.
sweetapogee
(1,168 posts)that the money is supposed to pay a tax bill or insurance?
Control-Z
(15,682 posts)Not sure how we would be responsible yet not be notified for 3 years.
I'm so confused.
Hassin Bin Sober
(26,347 posts)If there is an escrow account that often times means two parties must perform agreed upon actions. Maybe not settling the account allegedly cost the other party money. They can't just take the money so they have to sue and go through steps to snatch the cash.
Control-Z
(15,682 posts)There is nothing like that in the papers. Just attorney's fees and an attempt to prevent us from suing them for the money.
SheilaT
(23,156 posts)Follow up. Call whatever phone numbers there are. Find out as much as you can.
There is something very not right about this.
Control-Z
(15,682 posts)I swear this is probably brought on by the crook lawyers my husband hired to get our loan modified. They never even tried.
All brought to us by Wells Fargo, who lost documents , fraudulantly made bookkeeping errors, went on vacation, made us start over 3 times, lost more documents...
Skittles
(153,226 posts)f*** that sh**