Legal Question in Business Law in Pennsylvania

Received overpayment by company and need to know my legal rights

I have been an independent agent for a telecommunications company. I received a wire directly into my bank account for $424,000 on 12/8. I just received an e-mail from the company today stating that this wire was in error and the funds were earmarked for someone else. Under normal circumstances, I would, of course, return the funds, but the company has treated me poorly over the course of three years and I would like to keep the money as long as the law is on my side. However, I realize that ''me being treated badly'' isn't legal justification for keeping the money. What are my rights if any. Are there any past similar legal cases that have resulted in outcomes that would be in my favor? This is not an employment issue. I am an independent contractor. Thanks in advance for your help.


Asked on 12/15/05, 2:05 pm

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

Re: Received overpayment by company and need to know my legal rights

You must return the funds or face possible criminal prosecution. The funds were transmitted in error. You may keep any amount that you claim is owed for commissions properly due you. I suggest you consult with legal counsel to avoid any problems before taking any action. Proceed with great caution. Gerald Hershenson Esq.

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Answered on 12/15/05, 2:29 pm


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