Legal Question in Consumer Law in Florida

Re: free money

I am often amazed at the questions people ask on LawGuru. They know what they have done is wrong and are asking an attorney to justify their actions legally.

What you did is patently wrong. A check was sent to you in error and you kept it and cashed it. Of course you are liable for the money. You can be sued for the principal amount you received together with court costs, interest and attorneys' fees. Someone's mistake does not justify your keeping the money.

Whether a judgment reached against you is collectible is beyond my knowledge based on the limited information you presented. Regardless, a judgment will impact your credit as well as your ability to obtain new financing in the future.

Scott R. Jay, Esq. 305-249-8000

Re: free money

It would appear that you have no basis to keep the money and therefore the same must be repaid. The company could initiate an action against you for civil theft and the penalty for the same if proven true is three time the value of the property taken or in this case $3,000.00 plus attorney's fees and costs.

Whether you are "judgment proof" depends upon what assets you have. A judgment can be collected by garnishing your wages, bank account, or other income. In addition, a judgment creditor may move to execute upon any of your tangible personal property (household furnishings, automobile) or foreclose upon real estate that you may own.

Feel free to contact me if you should have any further questions.