Legal Question in Credit and Debt Law in New York

Must I repay money sent to me in error?

A mortgage company that I do not have a mortgage with sent my homeowners ins. company 2 payments of $700 in 06 and 07. My ins company sent the money to me stating that I overpaid them. I cashed the checks. Now the mortgage company found their error and would like the $1,400 back, am I legally responsible to return this money that they sent to my ins company in error?. At the time that I cashed the checks, I thought that I had paid my ins twice because the ins company stated in a letter that I overpaid them. Please advise, Thank you.


Asked on 6/05/09, 1:12 pm

1 Answer from Attorneys

Jay Fleischman Shaev & Fleischman LLP

Re: Must I repay money sent to me in error?

Without knowing more, I'd say you are liable for repayment of the monies paid by the mortgage company in error. They did not give you a gift, the money is not yours, so you need to give it back.

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Answered on 6/09/09, 9:46 am


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