Legal Question in Business Law in Florida

Account deposit

I have a small retail business.One of my vender called me oneday about an ordered that I had not placed.They later called me back and said that there was another company in another state with the same name and they had made a mistake. A couple of days later they credited my account $2300.I thought they had debited my account by accident and was refunding the money for the previous order they had called about. I call to ask if this was a mistake and was told that there had been no transactions to my account at all. I decided not to touch the money for 30 days incase they discovered there had been an error. 3 months later they call asking for a refund. Am I liable for refunding this money? There was no claim for over 90 days?.


Asked on 2/27/07, 9:03 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Account deposit

Because the money was wired by mistake to the wrong account, probably not. But there may be a deadline for requesting return of the funds. Your bank may be able to tell you or an attorney could find out for you.

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Answered on 2/27/07, 10:13 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Account deposit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Absolutely. If a charge had been made to your account and you did not discover it until 90 days later, would you expect to receive credit? Of course you would.

If you do not pay the monies back, the vendor can sue you for the amounts owed together with interest on this amount and possibly obtain their attorney's fees and court costs as well. It would be the prudent thing to return what is not rightfully yours to avoid additional liability.

Scott R. Jay, Esq.

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Answered on 2/28/07, 12:11 am


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