property manager lost my check and wants me to repay

This is a discussion on property manager lost my check and wants me to repay within the Condos & Co-Ops forum, part of the Other Real Estate Law Matters category; I live in a condo complex and pay association dues. I have a receipt showing that I paid the dues ...

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Old Nov 3rd, 2009, 11:16 AM   #1
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Default property manager lost my check and wants me to repay

I live in a condo complex and pay association dues. I have a receipt showing that I paid the dues for the month of September. The property manager lost my check and wants me to repay for the month of September, as I have a receipt showing that I paid the dues, do I have to pay them again?
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Old Jan 28th, 2010, 11:17 AM   #2
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Default Re: property manager lost my check and wants me to repay

This is a bit of an older post, but I wanted to at least provide an answer.

If you received a receipt from the company, and you have a hard copy of it, it's proof that someone accepted your payment. What they did with it after that is their problem. It is obvious someone within the company misplaced it, as you have your receipt.

With that said, in an effort to remain with goodwill, you could have canceled (stopped payment on) the prior check (the one that was misplaced), and made out a new check, thus covering yourself should the misplaced check somehow get "found" and any attempt to cash it took place.

Or, you could have said "tough luck. It's your responsibility to make sure checks are handled competently. I paid my dues, here's my receipt to prove it, eat it on this one"., and really, the would have had no legal leg to stand on.
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