Additional Information:

I moved out of an apartment with a roommate in February. Our security deposit check was made out to both of us and the word “and” was between the names on the check and it was sent to my old roommate. He was told by the apartment complex that I had to be present to cash the check and he could not do anything with it unless I was there. It has been 6 months since I’ve heard from him and I called the apartment complex and I asked what the status of the check was and they said it had been cashed in June! They sent me a copy of the check that was sent back to them from the bank and he deposited it without signing it at all! I called up Bank of AMerica (where it was cashed) and they said it should not have been excepted at all but I can’t do anything about it.

Banking question from Nashua, NH

ATTORNEY ANSWER:

You should contact your former roommate and inquire where your half of the funds is. If he does not respond either favorably or at all, you should prepare and mail him a letter (assuming you have his current mailing address) certified mail, return receipt requested advising him you expect to receive your half of the funds within thirty days of the date of your letter in the form of a bank check and in the absence of which you will either sue him in small claims court (assuming you meet the financial filing threshold (which presumably you will)) or hire an attorney to represent you to do so. The amount he owes you presumably is too small to justify you spending the required legal fees for you to hire an attorney to take the case. So, small claims court is probably your best alternative.

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