Legal Question in Credit and Debt Law in Illinois

I refinanced my auto loan and when I did that the place that sold me my car said I would be getting a refund for unused insurance. GAP insurance and a health insurance so they send me a check then week later another check. Now a month after second check arrived and money spent they are saying the second check was a mistake and are wanting money back. Am I legally obligated to give it back?


Asked on 8/21/15, 4:43 am

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Yes , as you had no right to the money. But they should provide you with proof that it was a misteak. Their mere assertion is not enough. For example, if a bank puts $1,000,000 in your bank account in error, you do not have the right to keep it.

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Answered on 8/21/15, 7:47 am
Thomas Moens Moens Law Offices, Chartered

If you were not entitled to the money, yes, you need to return it. By the same argument, if you accidentally paid an extra payment after your loan was paid in full, the lender would not be able to just keep the money.

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Answered on 8/21/15, 9:57 am


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