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You have a legal claim against the apartment complex for depositing the check without authority and based on your oral agreement to hold the check. That gets you $300 to the postive from the start. If that withdrawal put you in the red, then you would be entitled to the overdraft fees directly related to that withdrawal.
However, that liability would end at the point of your first ATM withdrawal, at which point you would be charged by a court with constructive knowledge of the cricumstances. However, you can recover for the $300, as stated above, and any overdraft and fee between that unauthorized withdrawal and that first ATM transaction.
Please let me know, if you have follow-up questions.
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Ideally, you should get an attorney. Realistically, however, that cost would be greater than any amount you could recover (you can 't get your attorney fees paid by the other side in a case like this).
Small claims court is an option. That's the route I would go. The clerk of court provides the forms and instructions for getting started and all you need to do is state the facts. Before filing, however, I would take the blank forms with you and tell the Apt. managment that, unless they compensate you, you will file the complaint. Give them a couple days to comply, then decide whether you will file.
Yes, the Apt. owner can appeal. So, it could get drawn out.
I would also hit up the bank to credit you some of the fees back. I would argue that the ATM should have alerted you to the overdraft situation, rather than allow you to rack up fees.
Don't hesitate to ask additional follow-up questions.
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Please don't hesitate to continue the thread in the future, should any issues arise while you negotiate with the Apartment.
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