QUESTION
Is the money legally mine since they made a mistake and wrote a check to me?
Asked on Jul 28th, 2013 on Criminal Law - Wisconsin
More details to this question:
I received a check in the mail for about $6000 from a large medical organization. It is written to me. In a separate envelope there was an explanation for a claim adjustment for a patient that is not me. Is the money legally mine since they made a mistake and wrote a check to me?
7 ANSWERS
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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No, the money is not yours if you did not receive the services, or make the claim for which the check was written. Sooner or later an audit will show the error. You should return the check. If you do not, but keep the money and cash the check, it is a form of theft, and given the amount, it could be filed as a felony. Do the right thing.
Answered on Jul 30th, 2013 at 12:24 PM
Michael J. Breczinski
No you have to give it back. They made a mistake. If you keep it then you are a thief.
Answered on Jul 29th, 2013 at 9:07 PM
No. You know the check was intended for someone else. The medical organization will eventually discover their error. If you cash it, they can file criminal charges against you, or sue you civilly for conversion (stealing).
Answered on Jul 29th, 2013 at 9:07 PM
Nope. If you know or have reason to know a party made a mistake and you failed to correct that mistake its just as if you stole it in the first place. You knew it was a mistake so the check should have been returned.
Answered on Jul 29th, 2013 at 9:06 PM
Thomas Edward Gates
The money is not yours and you are required to return it to the medical organization. To fail to do so could result in theft charges, especially since you know it is not yours to keep.
Answered on Jul 29th, 2013 at 9:06 PM
A check made out to you by mistake is not yours to cash. Contact the company issuing the check and find out why it was sent to you or return the check back to the company with an explanation.
Answered on Jul 29th, 2013 at 9:06 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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No it is not yours legally.
Answered on Jul 29th, 2013 at 12:36 PM