QUESTION
If the money was deposited in the wrong account and was spent, will the party that spent it be responsible?
Asked on Jan 25th, 2016 on Personal Injury - Wisconsin
More details to this question:
I filed my taxes and they mistype my account number by one digit. My $7000 refund was deposited into someone else’s account. When I had filed my taxes I had written down my account number. The lady who typed it into the computer must have mistyped it by 1 digit. When we had realized what had happened with the deposit, we contacted the bank. The bank has been deposited the correct amount into my account and the next day contacted me saying they're withdrawing the money back out of my account because the funds were not available in the other party’s account and that they had spent it, claiming they were waiting for a $2000 deposit from their grandma. Now knowing it wasn’t that money, refused to pay it back. I’m now trying to take them to small claims but they claim they will get a lawyer and court claim me for those fees. Is this person responsible? I have police reports of the incident and everything to back it up.
1 ANSWER
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It's best to consult a lawyer in your locality. As a general matter, it's your money, and if someone receives it due to another person's mistake, it's still your money. IF the error arose as a result of the mistake of a bank employee, then very likely both the employee (meaning in this instance the bank, under the doctrine of respondeat superiorlet the boss answer), and the people who converted other people's money to their own use are jointly and severally liable. That means you should be able to collect from the bank OR the people who received the money, or part from each, but you may not receive double compensation.
Answered on Feb 22nd, 2016 at 10:00 AM