Legal Question in Credit and Debt Law in Florida
Refusal to repay
I was paying my ex a divorce settlement and unintentionally overpaid by $12,000.00. I have pursued him for over a year for repayment and despite even copying every cancelled check to show him he received and cashed all of them, he refuses to repay me. I am now forced to seek action through the courts. What would be the action I could file against him with the court?
2 Answers from Attorneys
Re: Refusal to repay
An action in County Court for money mistakenly paid and had and received.
Re: Refusal to repay
Well, you could certainly bring an action for Unjust Enrichment, but since this is part of a divorce settlement, I would check with your divorce attorney about bringing a Motion in the Family Court. The Family Court would have broader authority to Order the repayment and take steps to enforce the Order using the contempt power of the court if he fails to make payment.
The County Court (which is where you would bring an Unjust Enrichment claim for $12k) would only be able to enter a judgment for the amount and it would be up to you to collect through garnishment, etc. You might want to post in the family law section or (better) consult your divorce attorney, to see if the family court is a possibility. I do not practice in that area, so I'm not sure.
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