Legal Question in Business Law in Nevada
Do i have a legal obligation to pay back money that was mistakenly sent to me for sales tax on a vehicle.
2 Answers from Attorneys
�One who by error in computation, or by mistake of any fact, pays a real or supposed creditor more than is his due, or pays a debt previously discharged, may recover the overpayment; and generally speaking, money paid over under a mutual mistake of an essential fact, or under a unilateral mistake as to such a fact where the defendant has parted with nothing and the plaintiff has not received an expected return, may be recovered.�
Smart v. Valencia, 50 Nev. 359, 261 P. 655 (Nev. 1927).
Your attorney can explain further.
As a Franchise Attorney I second the other attorney answer. If you don't pay it back, you will subject yourself to a lawsuit. Is it worth it? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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