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The apartment complex I used to live at sent me a statement in August saying how much my refund would be from my deposit that I paid when I moved in. Then I got a check in the mail in September that was more than what they stated in the statement. I thought they included my pet deposit in the check, which was not included in the statement. They called me last week and said that they made a mistake in accounting and paid me too much. I told them I had paid the pet deposit and I have to prove that I paid it, but even with that proof, they said they said they still paid me too much. They want that extra money back and if I don't pay it in 10 business days they will "take other actions." Since the check was made out to me and it wasn't my fault, can the apartment complex really do anything?

2007-11-30 08:29:23 · 6 answers · asked by Anonymous in Politics & Government Law & Ethics

6 answers

I'm in apartment management and I worked for Large REITS, if we made large or any accounting errors like this we would call and say the same thing, however we wouldn't do anything legally. We would however send the account to a collection agency. Even though we gave you to much money back, it is still our money, we just had an accounting error. It's the same as if the IRS refunds you too much money on your taxes, once they find out, they ask for it back.

I'd pay them back, they will collect one way or another. If you don't have it ask them to work out a payment arrangement with you since it was their error to begin with.

Edit: unless it's a small company, I don't see them taking you to court. If it's a small amount of money even a couple hundred it would cost the company more money filing in court and paying the employee's or attorney's to represent. Collection agency is the probably the way they will go..

2007-11-30 08:40:56 · answer #1 · answered by Can't stand this 4 · 0 0

If they do take you to small claims court, you can plead your defense with what you stated above about your pet deposit. Based off of that information and the fact that it's their error, you should be fine. There's not much other they can do except file it with a collection agency. You can go online with deposit proof and dispute that or dispute that with the collection agency and get it cleared up. I've done that before.

2007-11-30 08:43:29 · answer #2 · answered by anubisy2k2 2 · 0 0

Yes, they can do something. The money is not rightfully yours. If they did that by accident and can prove the money is actually theirs, then you will have to repay it. You can choose to keep it and see how far they want to take it, but I wouldn't advise that.

2007-11-30 08:40:43 · answer #3 · answered by Anonymous · 1 0

It was their error, and they just need to 'eat it'. If they do file a lawsuit, go to Judge Judy or The People's Court so that the judges can make them look stupid for paying you too much! LOL!!

2007-11-30 08:38:54 · answer #4 · answered by Anonymous · 1 2

Just get it straight with them, or it'll go into Collections and your credit could suffer.

2007-11-30 08:34:18 · answer #5 · answered by sirbobby98121 7 · 1 0

No! ignore em. They screwed up and it's there own stupidity.
Change your phone number if you can.

2007-11-30 08:34:30 · answer #6 · answered by Anonymous · 0 2

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