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  1. #1
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    Jun 2009
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    Default Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    My question involves criminal law for the state of: California

    My current landlord saved and cashed nine checks for my rent last year on a specific date. This year a little over six months later they did this again on a specific date only this time they cashed the new checks and the old checks for the second time. Let me repeat, they cashed the same checks that they had cashed a little over six months before. They did this by having a bank from your PC banking account. Because they waited six months to do this my bank did not catch the error even though the checks have double runs of numbers on the back from being processed twice. So my question is now that they have stolen a large sum of money from my account and their check-cashing scanner is treated as a paper check, what are my legal rights if someone deposits the same check twice?

  2. #2
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    Inland Empire
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    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    Quote Quoting 1by1
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    My question involves criminal law for the state of: California

    My current landlord saved and cashed nine checks for my rent last year on a specific date. This year a little over six months later they did this again on a specific date only this time they cashed the new checks and the old checks for the second time. Let me repeat, they cashed the same checks that they had cashed a little over six months before. They did this by having a bank from your PC banking account. Because they waited six months to do this my bank did not catch the error even though the checks have double runs of numbers on the back from being processed twice. So my question is now that they have stolen a large sum of money from my account and their check-cashing scanner is treated as a paper check, what are my legal rights if someone deposits the same check twice?
    You should file a check fraud claim with your bank. You should be made whole for the double-posted checks.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    I'm a bit lost as to how they cashed the same check twice. Can you explain a bit?

    so, what you do is contact your bank and notify them that this guy presented the same check twice for clearing and your bank cashed them both times. This is your banks error and they have to remedy your loss.

    as to the LL cashing the same checks twice; call the police or the local prosecutor.

  4. #4
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    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    Quote Quoting jk
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    I'm a bit lost as to how they cashed the same check twice. Can you explain a bit?

    so, what you do is contact your bank and notify them that this guy presented the same check twice for clearing and your bank cashed them both times. This is your banks error and they have to remedy your loss.

    as to the LL cashing the same checks twice; call the police or the local prosecutor.
    It appears to me that the landlord has remote deposit service. The LL has a scanner and the deposits are transmitted to the bank via image and file transmission. You see, jk, the LL keeps the original checks.

    The TOS for this service offered by my bank mandate that the actual checks be destroyed within 14 days of the deposit clearing.

    Obviously the LLis not destroying the originals. When the OP files his check fraud claim and the fraudulent items are returned to the LL's bank. The bank will debit the LL's account and will also most likely investigate the misuse of their remote deposit service.

    We will allow a slip up, but if there is clear misuse of the service we will shut it off in a heart beat.

  5. #5
    Join Date
    Jun 2009
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    3

    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    This is how they deposited the same check twice. My landlord is a bank, I write my rent check to this bank. The bank that is my landlord uses another bank to deposits checks. They have an account with another bank that allows them to deposit checks without physically going into a bank. This is done though a check scanner anywhere in the world. I have notified my bank and they are in the process of getting the funds back. But, to me this is still a criminal act. They were already paid once both they and I have a record of that and they took the money again,.

  6. #6
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    Inland Empire
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    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    Quote Quoting 1by1
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    This is how they deposited the same check twice. My landlord is a bank, I write my rent check to this bank. The bank that is my landlord uses another bank to deposits checks. They have an account with another bank that allows them to deposit checks without physically going into a bank. This is done though a check scanner anywhere in the world. I have notified my bank and they are in the process of getting the funds back. But, to me this is still a criminal act. They were already paid once both they and I have a record of that and they took the money again,.
    File a police report if that makes you feel better. Don't get your hopes up though.

  7. #7
    Join Date
    Jun 2009
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    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    That is the kind of attitude that allows blatant loopholes in the banking system to continue to exist.

  8. #8
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    Jan 2006
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    Default Re: Landlord Saved and Re-Deposited Cashed Checks Again 6 Months Later

    Quote Quoting Antigone
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    It appears to me that the landlord has remote deposit service. The LL has a scanner and the deposits are transmitted to the bank via image and file transmission. You see, jk, the LL keeps the original checks.

    .

    Is this what walmart does with EFT's. I'm not sure if they transmit a image copy or not.






    1by1; if you believe this was an intentional act, contact your bank and the police. If you believe it to simply be an error, contact your bank and the LL.

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