Legal Question in Banking Law in Mississippi

Check mistake

I bought a truck from a dealership in the local area. The dealership's secretary made a mistake and overpaid my bank by $2400 on the payoff of my trade-in. My bank sent me a $2400 check made out to me for the overpayment. I was out of town on military orders and the check came to my house. My wife has Power of Attorney while I was gone. She cashed the check without knowing the dealership made a mistake. I don't have $2400 to pay back at one time or do I have to pay them back at all?


Asked on 2/03/04, 11:29 am

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Check mistake

I recommend that you consult with legal counsel in your jurisdiction. I believe you will have to repay the overpayment. However, I suggest you work out a repayment schedule with the Dealer. Gerald M. Hershenson Esq. 215-579-9390

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Answered on 2/03/04, 12:05 pm


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