Legal Question in Business Law in Massachusetts
payment sent in error
Hello, can you tell me what the legal rights are of a company that sen another company a payment in error and the company cashed the check and refuses to return the payment. We have a company that we used recently that we did not know there were several companies witht hat same name. We sent payment to one witht hat same name in another state and now they refuse to refund us the mount though they admit they have not applied the payment to any known open invoice and is sitting in their customer despotis account on their balance sheet. Is there anything we can do legally to get the money back?
3 Answers from Attorneys
Re: payment sent in error
Yes -- this shouldn't be difficult; various legal theories apply that would compel them to return the money if it actually came to litigation. An attorney's legal demand letter should suffice.
Best wishes,
LDWG
Re: payment sent in error
The first question would be whether there is any relationship between the companies, such that the money will be applied to the outstanding invoice which you were trying to pay. If so, then you will not have to pay the invoice again.
Generally, though, someone (including a company) who receives payment by accident is not legally entitled to keep the payment. It would be an appropriate circumstance to send them a "demand letter" under the appropriate consumer protection/unfair competition statute (many states have them) to demand return of the payment immediately, at risk of having suit brought against them.
But first, I suggest that a responsible person (owner/president) from your company call their owner/president to see if it can be resolved "amicably." It is not clear from your question whether this has already been attempted.
Re: payment sent in error
If you made an erroneous payment, you have every legal right to receive a full refund. Period.
You may choose to send them a "Demand Letter" requesting a full refund, without deduction, under M.G.L. c 93A (Google this law online). Send your demand certfied, return receipt requested. If you need further help, you may seek out further legal advice. M.G. L. c 93A provides for damages and attorney's fees, if you prevail.
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