Legal Question in Credit and Debt Law in Georgia

property manager double refunded deposit

My last lanlord initially returned my deposit back using a check that did not

clear. They then electronically paid me. The bank automatically attempted to

clear the check again and it cleared. This doubled the return to me on my

deposit. I was receiving a lot of funds at that time and did not notice this had

happened. They called several months ago and left a message on my voicemail

asking for the check back. I researched and found out what had happened.

Unfortunately I had used those funds to get back on my feet. Am I obliglated to

pay them back the funds or, since it was there mistake, are they out the money?


Asked on 2/25/06, 3:45 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: property manager double refunded deposit

Their mistake? From the facts stated, they wrote a check that did not clear and were diligent in wiring you the money. YOUR bank then ran the check through again, and YOU took money after you had already been paid. YOU claim YOU were not paying attention to the double payment. That is not the landlord's mistake. Pay the money back before you are charged with a crime. Further, even had it been the landlord's mistake, it would still not be your money to keep. Someone else's mistake (which is not the case here) is not an excuse to steal money.

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Answered on 2/25/06, 3:54 pm

Re: property manager double refunded deposit

You say you had a lot of money coming in at the time and that's why you didn't notice they paid you twice. Then you say you used one of their 2 payments to get "back on your feet." What happened to all the money coming in, did your Rolls-Royce need a tune up?

Your lack of ethics, morality and sense fair play is appalling and may well be criminal. If the situation were reversed I guarantee you'd be screaming bloody murder.

Their mistake? They acted in good faith to cover a check I assume didn't clear because of an honest mistake or why would they have gone to all the trouble. And you somehow think this "mistake" entitles you to keep the money?

Please email me with the name and address of your former landlord. I want to contact them and offer to represent them for free in filing a lawsuit against YOU!

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Answered on 2/25/06, 4:39 pm


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