Legal Question in Business Law in Kansas
overpaid
I have a cell tower on my property and I have several ground leases with the carriers. Sprint is one of them. They have overpaid me a total of 5,629.00. This overpayment took place over a five year period. They direct deposit monthly payments into my account along with all the other carriers. I never get a statement from them so I was unaware of this. They want me to repay them the money. Am I responsible for this. They never sent me a letter to inform me of this. Thanks Robert
1 Answer from Attorneys
Re: overpaid
Do you have a written lease? If so, the lease may have a provision regarding payments and disputes. You mentioned that the payments took place over a five year period but you don't indicate the dates. Under Massachusetts law, most contract cases have a six year statute of limitations so some of the lease payments may have been made long enough in the past that you cannot be sued for them. If the carriers were to sue, I do not expect that a judge or jury would be symptathetic to your claim that becuase of direct deposit you did not know you were overpaid. After all, if you had been underpaid, I'm sure you would have noticed and made sure you were being paid what you deserved. Finally, you're not arguing over a lot of money so I'm sure the carriers would be willing to make a deal for repayment of a portion of the funds.
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