MEMORANDUM FROM: Spec IV Green
TO: Mass News Media Network
DATE: June 29, 2009 SUBJECT: News Brief on how Overdraft Scam Works My role as the editor of Academia News is to brief our mass news media network about how overdraft scam works. Permit me to draw up a scenario of a landlord/tenant relationship to illustrate the scam. Let’s presume that the landlord requires each tenant of an apartment complex to sign his or her lease agreement prior to move in. The agreement stipulates that rent is due on the first day of each month with a ten-day grace period. The landlord will charge a $35 late fee. An extra $35 will be tacked on and collected each 5-day period. January 25, 2009 Tom, Dick and Mary strolled into the office to pay his or her rent 15 days late. The landlord has charged each $35 late fee plus $105 ($35 X 3 (5-days) = $105) tacked on for other late fees. The landlord has kept a master key for each apartment. The landlord uses the master key to enter each tenant’s apartment to collect rent and/or late fees. The landlord has left each tenant a receipt to show that money has been taken for breach of tenant’s lease agreement. The Court will construe that Tom, Dick or Mary’s lease agreement does not authorize the landlord to break into his or her apartment to collect rent or late fees. Instead, the landlord must file a civil lawsuit to permit the Court to adjudicate the tenants’ lease agreement. The Court may rule in favor of the landlord to grant an eviction or garnishment order against Tom, Dick or Mary. Yet, the Court may rule counterclaim in favor of defendants on the charge that the
landlord has breached Tom, Dick and Mary’s right to due process.