Legal Question in Credit and Debt Law in Georgia

My water company sent me a bill with a large amount of fees attached to it saying that I had a returned check in December. I knew this was incorrect. Per their direction on the back of the bill I wrote a formal letter to their company disputing these charges but still paid my current charges. The next week I received a call from their corporation saying that my check was returned and that I needed to contact my bank to find out what happened. I knew this was impossible because I had sufficient money in my bank account, in addition, I have overdraft protection. So I contacted my bank and they were unable to locate the check at all- the eater company never sent the check to my bank. I called the water company correspondent who I had been talking with and told her the situation. She called me back a few days later and said she had the documents proving that my check was returned. I had her email me these documents and immediately took them to my bank to have them scrutinized. My bank immediately noticed that the bank account number on the copy of the check they emailed me did not match the bank account number they entered into their system/bank. For this reason, it said the account did not exist. I called my correspondent back this afternoon and told her the mistake. She said she would get back to me. I later received an email saying that I was still liable for all fees because it was my fault the number was entered incorrectly because of my signature. I always sign my name the same on checks- it is my signature- and have never had this issue, EVER. Can I take this company to court to fight these charges? Because I was in no wrong here, and am know risking a hit to my credit rating because they did not double check their work.


Asked on 2/20/13, 2:41 pm

1 Answer from Attorneys

You don't take them to court. For what? We are not at this stage. I would first try hiring local counsel to send them a "lawyer letter" explaining the problem, providing documentation (including a letter from your bank), and asking for the water company to waive or reduce the fees since this was not your error. Send the letter to someone higher up the food chain at the water company.

Next time, save yourself a headache and pay your bills online using a bill-payer service.

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Answered on 2/20/13, 8:54 pm


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