What to do if someone stole checks from our closed account, ordered items that were delivered,and weare now being held liable for payment?

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What to do if someone stole checks from our closed account, ordered items that were delivered,and weare now being held liable for payment?

We have renters and on the property we have storage building that we keep our personal belongings in. The renter broke in and stolen an old check from a closed account; they ordered stuff from tractor supply company. The company deliver the items ordered (off the internet) and it is now coming after us using a debt collection agency. What are our options?’ We have called the police today and trying to talking with the collection agency.

Asked on April 25, 2011 under Criminal Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to send the collection agency and the tractor supply company proof (legal proof from the bank) that the account was closed. You need to copy the bank and you need to do a couple of things. You need to file a complaint with the agency that regulates your bank for allowing the check to clear. The agency would be the Office of the Comptroller of the Currency if it is a national association bank or the Office of Thrift Supervision if it is a federal savings bank or your state's banking department if it is a state-chartered bank. Further, you need to file a dispute through all three credit reporting agencies wherein the collection item appears and submit the same documentation showing the closed account and the circumstances. If the tenant is still there, you need to have the tenant pay for the cost of having the items returned and ensure the items are returned. If the items are in your possession, have the items returned and sue the renters for costs. It is good you have called the police but these are the steps you should be taking.


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