Condo People Want Me to Pay a Non Sufficient Funds Surcharge

Beezer

Beezer

Well-known Member
I dated my cheque for the first of February...then mailed it to them in mid January. They cashed the cheque 2 weeks early and it bounced. Now they are demanding I pay the Bank's surcharge of $25.00.

I politely told them to stuff it...that I did nothing wrong. I'll keep you all posted on how this plays out.
 
Beezer said:
I dated my cheque for the first of February...then mailed it to them in mid January. They cashed the cheque 2 weeks early and it bounced. Now they are demanding I pay the Bank's surcharge of $25.00.

I politely told them to stuff it...that I did nothing wrong. I'll keep you all posted on how this plays out.
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I don't know where you're located, but check your lease and see if this topic is addressed- it should be... and you could risk getting evicted.

I always pay my rent a couple of weeks early, but make sure I have enough $ in my account to cover it.
 
Sunkist said:
and you could risk getting evicted.
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I own the home. These are monthly Condo fees. I'm quite sure this won't boil up to an eviction. The cheque was for money owed on February 1st. It was cashed 2 weeks too early. I had no hand in that, and should not be on the hook for the 25 bucks.

Of course I can afford to pay the surcharge, but I'm refusing on principle.
 
Did you enclose a note, or somehow bring to their attention that the check was post dated when you mailed it to them? If they get a lot of checks in the mail, they may not have noticed the date.

In Texas, banks are not required to wait until the date on a check to process it unless notified in writing by the maker.
 
Beezer said:
I thought so as well. The Bank just told me when I went to address the issue that I would not be charged any non sufficient funds surcharge...and I wasn't.
But I gather the Condo people were charged $25.00 by the Bank and they are trying to download that cost on to me.
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I think you are right @Beezer They should not have presented the cheque before the due date, especially as the cheque was post-dated. Clearly the Bank held them responsible too, otherwise the Bank would have charged you.
 
Beezer said:
I own the home. These are monthly Condo fees. I'm quite sure this won't boil up to an eviction. The cheque was for money owed on February 1st. It was cashed 2 weeks too early. I had no hand in that, and should not be on the hook for the 25 bucks.

Of course I can afford to pay the surcharge, but I'm refusing on principle.
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I don't know why they won't honor the date on the check. They shouldn't be allowed to cash it before that date. Frickin banks!
 
Beezer said:
I thought so as well. The Bank just told me when I went to address the issue that I would not be charged any non sufficient funds surcharge...and I wasn't.
But I gather the Condo people were charged $25.00 by the Bank and they are trying to download that cost on to me.
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It's like super easy to make sure of the date on a check before depositing. Some people are not good with details. They should not handle money in any form, at least for pay.
 
In the US, a signed check immediately becomes legal tender that a bank can deposit or cash before the indicated date on the check. Therefore, a bank will be able to accept a check if it is dated and signed.

if You donā€™t have sufficient funds, don't write out the check.
 
Someone wasn't paying attention. They shouldn't have cashed the check early IMO. I wonder if a hand written note asking to hold the check until the date you put on it would have prevented that. :unsure: But it may be a hassle for them to hold on to checks that are post dated.
 
Beezer said:
I own the home. These are monthly Condo fees. I'm quite sure this won't boil up to an eviction. The cheque was for money owed on February 1st. It was cashed 2 weeks too early. I had no hand in that, and should not be on the hook for the 25 bucks.

Of course I can afford to pay the surcharge, but I'm refusing on principle.
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Sorry, but you signed the check and mailed the check. It's on you.
 
Where I live the rent is due on the first day of the month, but there is a 5 day wiggle room making it ok not to write it till the 5th of the month. I always date the check the first but if my SS check in not in by then (it is due the first to me) I don't hand it in till the fifth or when ever the SS check comes. So far the SS check has always been on time. So when my audit comes up, the books will always show I paid by the first but it looks like it was held by the rental company longer.
 
Beezer said:
I own the home. These are monthly Condo fees. I'm quite sure this won't boil up to an eviction. The cheque was for money owed on February 1st. It was cashed 2 weeks too early. I had no hand in that, and should not be on the hook for the 25 bucks.

Of course I can afford to pay the surcharge, but I'm refusing on principle.
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Iā€™d hate to see you stuck paying that money but I trust in the future you wonā€™t give them the opportunity to do that again.
 
Beezer said:
I own the home. These are monthly Condo fees. I'm quite sure this won't boil up to an eviction. The cheque was for money owed on February 1st. It was cashed 2 weeks too early. I had no hand in that, and should not be on the hook for the 25 bucks.

Of course I can afford to pay the surcharge, but I'm refusing on principle.
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Did you include a note attached so they'd know the check is not good?
 
Any bank or credit union where I've worked has made sure we watch the dates either for cash or deposit. Before we would have deposited Beezer's check we would have put a hold on compensating funds (if they existed) and we definitely wouldn't have cashed it. If a post dated check showed up in a business deposit, like your HOA's, we would have refused it or bounced it to the business.

The fault is in the HOA's treasurer who should have seen the date and held it back.

(I hate to disagree with C50. I was planning to call him when I get someone at my door at 3 am.)
 
Della said:
(I hate to disagree with C50. I was planning to call him when I get someone at my door at 3 am.)
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Della don't worry, I'll still come and help you if needed, even at 3 AM.šŸ™‚

I have to ask though, if a bank, or credit union or any business receives a post dated check what do they do with it? Why is it the business's responsibility to keep track? A check to an HOA likely ends up in the hands of the HOA treasurer, is someone expected to put the check on the corner of their desk and wait for two weeks to cash it? What happens if they get a hundred checks, they need to go thru each check checking the dates? Isn't going to happen.

Personally or professionally if someone places a check in my hand I should be able to cash it, that is a timely transfer of funds. If you tell me to hold the check for two weeks I'm going to hand it back and tell you it's not my responsibility to manage your finances.
 
C50 said:
Personally or professionally if someone places a check in my hand I should be able to cash it, that is a timely transfer of funds. If you tell me to hold the check for two weeks I'm going to hand it back and tell you it's not my responsibility to manage your finances.
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Exactly. That's what the HOA treasurer should have done with the check, not send it to the bank and make it their problem., but call Beezer and tell him to come get it and wait till he had the money in his account to back it. Beezer did it in good faith, not realizing the unwillingness businesses have these days to do favors for their customers. (I would have held it back for him.)

The HOA was either careless or deceitful. They should pay. (IMHO)

(Thanks for coming over!)
 
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