(My) first world problem and complaint - right now.

[Control-Z]

I got served a summons at home late last night. I am being sued for NOT CASHING A CHECK that I never received and knew nothing about until last night. WTF?

It appears they want to charge me attorney's fees that total the amount of the check, or worse, the amount of the check plus some.

Has anyone ever heard of such a thing? Can they really do this? Anyone know?

[uppityperson]

1. Who was the check from? That seems really odd.

[Control-Z]

2. I'm not sure who issued the check.

The money is in an escrow account from the short sale of a condo we owned. (Yeah, we got screwed in every possible way from the Bush/Cheney financial collapse.)

[MADem]

3. You need a lawyer, I think. I would get one if I were you. No one here is going to be

able to give you advice that you can rely on - it's the internet, after all.

[Control-Z]

8. Well, I won't be paying a penny

to another lawyer on top of the ones suing me. Not a chance.

[Ilsa]

4. I thought unclaimed funds were escheated to

The state's comptroller's office.

Might be interesting to hear their offer, but it sounds fishy.

[Control-Z]

6. It does, doesn't it? (Sound fishy.)

Basically they are saying it cost them time and money to still have some extra money in an account. It makes no sense to me. None. I guess they feel they should have had the money for their own use - and since we've prevented their enrichment we should be penalized?

[treestar]

5. makes no sense to me

not cashing a check is hardly sue-worthy. How can they have a legal cause of action? Unless you contracted to sign it and thus it is a breach of contract.
and how can they be damaged by you not cashing their check? They are still in possession of the money. And can void the check.

[Control-Z]

7. Exactly.

I'm completely baffled.

[sweetapogee]

9. is it posssible

that the money is supposed to pay a tax bill or insurance?

[Control-Z]

10. I guess that's possible.

Not sure how we would be responsible yet not be notified for 3 years.

I'm so confused.

[Hassin Bin Sober]

11. You are probably in the neighborhood of what this is about.

If there is an escrow account that often times means two parties must perform agreed upon actions. Maybe not settling the account allegedly cost the other party money. They can't just take the money so they have to sue and go through steps to snatch the cash.

[Control-Z]

12. Wouldn't that be written out in the summons?

There is nothing like that in the papers. Just attorney's fees and an attempt to prevent us from suing them for the money.

[SheilaT]

13. Could this be one of the many scams we've heard about?

Follow up. Call whatever phone numbers there are. Find out as much as you can.

There is something very not right about this.

[Control-Z]

15. That is what I'm thinking.

I swear this is probably brought on by the crook lawyers my husband hired to get our loan modified. They never even tried.

All brought to us by Wells Fargo, who lost documents , fraudulantly made bookkeeping errors, went on vacation, made us start over 3 times, lost more documents...

[Skittles]

14. I'd get a lawyer

f*** that sh**