Legal Question in Consumer Law in Louisiana

money sent in error

I received a check for almost $700 with no explanation from a Trust Co. in Ill. I called the bank, verified it then called the trust co. for info. They told me it was an overpayment of a Sprint acct. and it was correct. I depostited it, it cleared 5 days later and I spent it happily. Today the Trust co. called me and said it was a mistake and I needed to pay it back. They said they tried to call (no messages were left on my machine nor was there any calls from them on my caller ID.) I received the check on 12/4, called the Trust co on 12/5 and deposited it on 12/5. It cleared on 12/11. I was a customer of the company that claimed overpayment, so I don't know if it was a mistake. The comapny that owed me money sent the Trust Co my name, address and the amount they were to pay me. My question is.. do I have to pay this back without proof?


Asked on 12/12/01, 8:58 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: money sent in error

Since they sent you the money without explanation, and were WRONG, what makes them think they are RIGHT, without providing an explanation? Make them prove they made a mistake and you were not owed the money. Make sure you can pay it back just in case.

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Answered on 12/13/01, 9:23 am


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