Legal Question in Credit and Debt Law in North Carolina

I asked this last night but want to reask and add in some details....If a company issues a refund check only to find out that it was a mistake on their party, can they legally make us repay the amount?

I called the company when the check arrived to make sure it was okay to cash and find out the reason for getting it in the mail. They stated it was an overpayment on the account and we were refunded the difference. This took place June 24th, and they called July 25th saying we owe them the amount of that refund because of an error on their part.


Asked on 7/26/13, 7:37 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

Unfortunately, the answer is still the same. Unless you were legally entitled to the money, they have the right to ask for it back. Whether they get it or not is a different story. You were reasonable in checking with them to confirm it was yours, but that does not cut off their right to ask for it back.

It really depends on the amount of the check and your current relationship with the company as to the likelihood they will take further action to seek the money.

Read more
Answered on 7/26/13, 8:42 am

My answer would be much the same. You still do not provide relevant details as to why the refund was issued to you in the first place. Did you have a relationship with this company? Were you expecting some kind of refund?

I, like Attorney Love, do not have a crystal ball. I don't know how much money we are talking about and I don't know the likelihood that the company will sue you. If its under $500, then maybe not. If its $1,000 or the likelihood is much greater.

The fact is that companies just are not in the habit of sending checks and regardless of whether you called them or not, you could not have reasonably believed that you could keep the money if you never had any relationship with this company.

Really, you should give the money back if you are not entitled to it. That would be the right thing to do here regardless of whether the law says you must do it or not.

However, the fact that you are back here questioning suggests that you are fishing for the answer that you want to hear and you want to be told its ok for you to keep and spend the money. If that is what you are after, then you need to go and pay an attorney for a 30-60 minute consult to review your situation in detail and advise you.

If you don't want to do it, then you have a choice: (1) either refund the money; or (2) keep it and stick to your story that its the company's mistake and assume the risk that if a lawsuit does happen then you will have to deal with the consequences of that.

Read more
Answered on 7/26/13, 12:51 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in North Carolina