Check cashed illegally

Ask a Lawyer

Question

Country: United States of America
State: Colorado

My question is: is this legal, and if I cannot be refunded my fees do I need a lawyer?
Here is the situation. I wrote a check to my apt complex for $200 on Nov 17. They held the check for almost a month and I reminded them 3 times to please cash the check as I was waiting to see it clear. Since the check still had not been cashed I went in on Dec 14th to ask that they hold it until I got paid on the 16th and would they please cash it that day. Well on Dec 22 I called the bank and found out that they still had not even attempted to cash the check. I was not sure if they had lost the check or if they were ever going to cash it. So I put a stop payment on the check so that I could use the money for Christmas presents. The apt office then bypassed the check and ran the $200 as a Point of Sales stating the check number as the item. Of course I was then charged overdraft fees. I have not spoken to them about this yet but have had many problems with them in the past 2 months I have lived here and do not expect that they will refund me the $40 I was charged.

Answer

They normally cannot do that--they have to cash the check--you may sue in small claims if need be-