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check lost in the mail

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checkinthemail

Junior Member
What is the name of your state (only U.S. law)? Mississippi

I mailed my check for my home owner's association dues on 6/19, but the check never cleared the bank. When I finally tracked down the treasurer to see if he knew what happened to the check, he just said he didn't have it and that I also had to pay late fees because the money wasn't in his hand by July 30. I asked him if he would waive the fee, but he just said "How do I know you really mailed it?" Well, how do I know he didn't lose my check? I have documentation of stopping payment on the check (which I have had to pay my bank to do) so my question is: Am I legally obligated to pay the late fee as well? All I have as proof that I mailed it is the cancelled check, which doesn't contain the date at all.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Mississippi

I mailed my check for my home owner's association dues on 6/19, but the check never cleared the bank. When I finally tracked down the treasurer to see if he knew what happened to the check, he just said he didn't have it and that I also had to pay late fees because the money wasn't in his hand by July 30. I asked him if he would waive the fee, but he just said "How do I know you really mailed it?" Well, how do I know he didn't lose my check? I have documentation of stopping payment on the check (which I have had to pay my bank to do) so my question is: Am I legally obligated to pay the late fee as well? All I have as proof that I mailed it is the cancelled check, which doesn't contain the date at all.

The check is in the mail is a lame excuse. If they don't waive the fee as a courtesy, and the association's policy to to charge a late fee after so long, then buddy pay the man.
 

FarmerJ

Senior Member
Mail can and does get mis directed , I live in MN and had a paycheck that was mailed in MN delivered 10 days late , it had taken a trip to CA with out me , had a stamping mark that showed it had been in Los Angeles and was forwarded up back up here. From now on send at the very least with what is called a certificate of mailing , ( or deliver in person if possible) its the lowest cost method of getting a canceled reciept that shows your name and addy and name and address of who you are sending mail to. Then that way if post office lost mail from you at least your able to show the party you sent to a copy and encourage them to drop late fee in exchange for replacement funds even if you have to deliver in person.
 

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