Mistaken Payment Recovery Steps
Summary
If payments are mistakenly deposited into anothers account and they refuse to return them, you may have a case for unjust enrichment. Consider sending a demand letter and possibly filing a civil lawsuit, especially for significant amounts like $32,000. Consulting an attorney can provide further guidance.Full Conversation
I have a question about a case
Hey ****! I'd be happy to help. Could you provide a bit more detail about the case you're referring to? This will help me give you the most accurate information.
Payments intended for PERSON1 went into PERSON2's bank by mistake.
****, to assist you better, could you clarify whether these payments were made by a business, an individual, or another entity? This will help determine the appropriate steps to rectify the mistake.
PERSON2 refuses to give back the money
Hi ****, thanks for sharing more details. Here’s what Massachusetts law says about your situation:
- Unjust Enrichment: PERSON2 may be liable for unjust enrichment if they refuse to return money mistakenly deposited into their account.
- Civil Claim: You may need to file a civil claim to recover the funds.
How much money are we talking about, and do you have any written proof of the mistake?
Yes to written proof and the amount is $*,*
Case Rating: *.
****, it sounds like you have a strong case for recovery due to the substantial amount and written proof. Here are some steps you can take:
- Demand Letter: Send a formal demand letter to PERSON2 requesting the return of the funds.
- Small Claims Court: For amounts up to $*,*, you could use Small Claims Court. For $*,*, consider filing a civil lawsuit in District or Superior Court.
- Consult an Attorney: Given the amount, consulting with an attorney could be beneficial.
Would you like more information on any of these steps?