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Mistaken wire transfer/payment error

Started by steelseal67 · · 👁 33 views · 595 replies

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Chris Doyle4 Chris Doyle4 Member
23 messages
joined Mar 2013
#381 ·
Alright, here’s the latest update on this whole mess, my company accidentally wired the funds to the wrong account—basically, they just sent it to mine by mistake. Now, look, the clerk isn't to blame here at all, so nobody is losing money out of their own pocket, but I'm still stuck in the middle of it. I had a polite little chat with my personal banker over the phone this morning, but honestly, I don't get why the bank is riding my back so hard about this. Like, why couldn't the bank just reverse the transaction themselves immediately?
So, I’m heading into the branch this Monday, and here’s the plan: I fully intend to return the half of the money that’s sitting there, but as for the other half... well, I'm still figuring that part out.

What happens if the company can't actually see my private info? What are my actual chances here—can they actually sue me or whatever else they might try?
Lawrence Cruz Lawrence Cruz Active Member
118 messages
joined Jun 2010
#382 ·
🤣 🤣

I honestly don't get how you two even communicated about this. Did she actually tell you they messed up the payment, or what? What does your receipt actually say?

Of course the company can sue you—that's just how it works. You should probably head down to their office and try to settle the difference. Unless, of course, you actually work there or something...
Chris Doyle4 Chris Doyle4 Member
23 messages
joined Mar 2013
#383 ·
Lawrence Cruz said:🤣 🤣

I honestly don't get how you two even communicated about this. Did she actually tell you they messed up the payment, or what? What does your receipt actually say?

Of course the company can sue you—that's just how it works. You should probably head down to their office and try to settle the difference. Unless, of course, you actually work there or something...

It looks totally intentional on paper, but I promise you, it isn't. The company is demanding I pay back money that—if you ask the clerk there—I don't even owe them. I have zero connection to this business; they just accidentally wired me some cash by mistake, and it happens to be the exact amount of some woman's salary.
quietseal11 quietseal11 Member
20 messages
joined Sep 2010
#384 ·
Imagine if your paycheck accidentally hit someone else's account instead of yours. Now you're just sitting there, waiting on them to send back the money you actually earned.
In that scenario, would you really sit there and say you don't care? Would you tell yourself, "Eh, it's their mistake, they should just keep my money since it wasn't their fault it landed in their account"?
Lawrence Cruz Lawrence Cruz Active Member
118 messages
joined Jun 2010
#385 ·
Chris Doyle4 said:It looks totally intentional on paper, but I promise you, it isn't. The company is demanding I pay back money that—if you ask the clerk there—I don't even owe them. I have zero connection to this business; they just accidentally wired me some cash by mistake, and it happens to be the exact amount of some woman's salary.

Let's start over here. 🙄

You DO owe them that money—regardless of the nonsense being written here suggesting otherwise. And the idea that you aren't liable simply because some teller at Chase told you so? I honestly can't believe that.
John Thomas2 John Thomas2 Active Member
88 messages
joined Feb 2012
#386 ·
Chris Doyle4 said:Alright, here’s the latest update on this whole mess, my company accidentally wired the funds to the wrong account—basically, they just sent it to mine by mistake. Now, look, the clerk isn't to blame here at all, so nobody is losing money out of their own pocket, but I'm still stuck in the middle of it. I had a polite little chat with my personal banker over the phone this morning, but honestly, I don't get why the bank is riding my back so hard about this. Like, why couldn't the bank just reverse the transaction themselves immediately?
So, I’m heading into the branch this Monday, and here’s the plan: I fully intend to return the half of the money that’s sitting there, but as for the other half... well, I'm still figuring that part out.

What happens if the company can't actually see my private info? What are my actual chances here—can they actually sue me or whatever else they might try?

😵

You're acting like those $0.50 funds taken by the garnishment aren't your problem.
How exactly were you planning to settle that part, regardless of the mistaken payment? 🤷
Lawrence Cruz Lawrence Cruz Active Member
118 messages
joined Jun 2010
#387 ·
Look, I get it—he can't pay back that extra $1,500 or whatever because the money just isn't there. That's why I’m saying he should just head down to the corporate office—since they'll catch on via phone anyway—and have a real conversation with the head of accounting.
Frank Walker7 Frank Walker7 Active Member
81 messages
joined Jul 2013
#388 ·
Chris Doyle4 said:It looks totally intentional on paper, but I promise you, it isn't. The company is demanding I pay back money that—if you ask the clerk there—I don't even owe them. I have zero connection to this business; they just accidentally wired me some cash by mistake, and it happens to be the exact amount of some woman's salary.

Well, you aren't officially on the hook until there's an actual court ruling against you... and that usually comes with interest and legal fees piled on top.
For the millionth time, please try to work something out with them, whether it's a bank or a private company. It’s not a massive amount of money, but honestly, nobody is just going to let you off the hook (and why would they?), yet nobody wants to jump straight into a lawsuit over $500.
Chris Doyle4 Chris Doyle4 Member
23 messages
joined Mar 2013
#389 ·
Lawrence Cruz said:Look, I get it—he can't pay back that extra $1,500 or whatever because the money just isn't there. That's why I’m saying he should just head down to the corporate office—since they'll catch on via phone anyway—and have a real conversation with the head of accounting.

Thanks for the advice, I'm gonna give that a shot.
Donna Davis8 Donna Davis8 Member
11 messages
joined Nov 2012
#390 ·
anasib;3244 0073 said:I was just wondering why things are the way they are in this country. 🤣
It's enough to read a thread and see all these clever tips on how to hold onto something that isn't mine. Seriously, kudos to these people. 🙏 🙏I bow down to you!
But when one of you actually gets robbed, then there will be all the wailing and complaining about the legal system. 🤣

This isn't directed at the OP, it's for this smart crowd with the brilliant advice: "Who cares," "their mistake," "drag them to court," and so on. I hope the OP is rational enough to realize that if he follows this "expert" advice and ends up in court, his costs are definitely going to skyrocket. 😉

edit: I expect the next "argument" from this group to be something like: "Well, since Chase screwed us over, we might as well screw them back once in a while" 🤣 🤣 or "everyone steals, so why shouldn't I?" 😍 🙏


Listen, you said it yourself—that's just how things are. You shouldn't be surprised when you read stuff like this. This guy would have kept ten cartons of milk; he wouldn't be the one at fault because she gave him ten when he only wanted one. 🤦 What a cheapskate.

What can you even say to people like that? Just hope you don't accidentally wire ten bucks $0.00 to the wrong person and then spend your time crying about how to get it back. It's terrible, really. People need to wake up and grow up. They'd gladly hand over money... well, you know what I mean, just as long as they can squeeze something out of someone else. It doesn't matter who gets screwed.

I hope you change your mindset and live life like a normal citizen and, more importantly, a decent human being, rather than an animal waiting for another animal to trip so it can eat them. Truly disgusting.
Quincy:
Here is my latest update. The company accidentally paid into the wrong account—mine. The clerk has nothing to do with it, and it's not coming out of anyone's pocket at the bank. I spoke nicely on the phone with my personal banker this morning, but I don't understand why the bank is putting so much pressure on me. Why didn't the bank just reverse the transaction immediately?
I'm heading to the bank this Monday, and here's the situation: I intend to return the half of the money that's left, but as for the other half, I'm not sure.

What happens if the company doesn't have access to my personal data? What are my chances? Can the company sue me or something?
__________________
You can see that things can end well if you just talk to people instead of being stubborn.
It's unclear why the bank is insisting so much when they aren't losing anything personally (neither the bank nor the employees). Just go to the bank, explain the situation, and tell them you can give part of it right away but can't do the rest yet. Maybe they can approve an overdraft or something similar.
Lawrence Cruz Lawrence Cruz Active Member
118 messages
joined Jun 2010
#391 ·
I suspect the bank won't allow him to make any changes—like increasing his overdraft—as long as the account remains under garnishment.
Patrick Collins4 Patrick Collins4 Member
38 messages
joined Feb 2012
#392 ·
Joseph Watson3 said:The situation is basically the same—money was sent twice to someone who wasn't the owner, while the other person received it through perfectly legal channels.

Sure, but protected income goes into a protected account. That isn't what happened here.

Those are just technicalities. The bottom line? Because of some clerk's blunder, he's being expected to suddenly produce cash he doesn't have—cash that is legally protected. Expecting that from him is nothing short of arrogance on the part of the official involved.

If you ever actually handled money the way those bank tellers do, you wouldn't be talking like this.

Actually, that's exactly why I can be more objective than a clerk—I don't have the lingering trauma of worrying I might accidentally wire $1000 to the wrong account.

Besides, I'm not saying he shouldn't pay the money back. Of course he should. But it shouldn't happen at the expense of the income guaranteed to him by law. So, once the people who initiated the collection are satisfied, then it's the bank's turn to deal with the fallout.

They aren't "formalities." Anything deposited into a standard checking account gets swallowed by a garnishment order. Doesn't matter if it's unemployment benefits or child support... if a company accidentally sends his pay to his regular account instead of a protected one, it's gone. All of it.
Douglas Reed3 Douglas Reed3 Member
23 messages
joined Nov 2012
#393 ·
$1000 received nothing but baseless claims, and now they'll have to pay it all back. You've turned a simple situation into an entire philosophy...
copperjackal89 copperjackal89 Newcomer
9 messages
joined Feb 2012
#394 ·
In my estimation, the only sensible course of action is to remit whatever liquidity you currently have on hand, while firmly informing them that they must either negotiate directly with the party responsible for initiating the garnishment—since that individual is also effectively holding funds that don't belong to them—or simply wait for you to settle the balance through the repayment schedule you originally intended. Of course, this assumes you’ll be communicating via snail mail and making appearances at the local Chase branch whenever it suits your schedule.

Otherwise, you are essentially providing these corporations with a blueprint for how to aggressively claw back funds from accounts that are under garnishment but lack any actual cash; it gives them the excuse to claim a "clerical error" occurred during a deposit, allowing bank tellers to act as their personal collection agents to force the debt through. 🙂
Richard Lewis16 Richard Lewis16 Active Member
221 messages
joined Sep 2009
#395 ·
Frank Walker7 said:Man, what an absolute drag... this is just dragging on forever.
Do you think the plaintiff can still manage things while the lawsuit is ongoing?
If he ends up being sued and decides to lay out the whole story to the judge in his response, the judge will probably schedule a hearing in no time at all and wrap the whole thing up. Once they hear the facts, everything will be crystal clear—it’s just a baseless lawsuit through and through. If you have a second, take a look back at a few pages of what I wrote about this earlier.

Oh, come on now, let's not be silly.
If you ever accidentally sent money to someone else's account, you’d definitely be singing a different tune. Listen to this guy—why on earth would I give back something that isn't mine? 👎Well, it’s really just because the law says you have to follow through; you can't exactly claim it was all an accident to get out of it.
Seriously, just stop with all the talk about milk...

There's really no connection to be made between ownership and possession here.
The only thing that really matters here is that his net worth was inflated without any actual justification, especially since his debt has already been cleared.

Does he actually have to show up for the first hearing?
Or maybe the second one?

Besides that, the legal fees should at least be split down the middle, and given how bad things are for him, they might even let him off the hook entirely

He isn't even in the wrong here; he's willing to pay it back, he just doesn't have the cash sitting around right now
so someone really needs to drag him through the court system if they want results😉

I'd much rather help out a fellow forum member than some random clerk at a government office
honestly, if he messed up, he should just pay it and be done with it instead of letting them harass the guy
or better yet, let him file for reimbursement for his travel and time spent dealing with this mess😉

And he shouldn't even have to worry about interest payments either
he can always tell a different version of events when he stands before the judge😉

As for all this moral high ground stuff, it doesn't move me... money is money

If a company makes an erroneous payment, that's a mistake made by someone within the firm, and it's their responsibility to fix the payroll issue...
Douglas Reed3 Douglas Reed3 Member
23 messages
joined Nov 2012
#396 ·
Richard Lewis16 said:Does he actually have to show up for the first hearing?
Or maybe the second one?

Besides that, the legal fees should at least be split down the middle, and given how bad things are for him, they might even let him off the hook entirely

He isn't even in the wrong here; he's willing to pay it back, he just doesn't have the cash sitting around right now
so someone really needs to drag him through the court system if they want results😉

I'd much rather help out a fellow forum member than some random clerk at a government office
honestly, if he messed up, he should just pay it and be done with it instead of letting them harass the guy
or better yet, let him file for reimbursement for his travel and time spent dealing with this mess😉

And he shouldn't even have to worry about interest payments either
he can always tell a different version of events when he stands before the judge😉

As for all this moral high ground stuff, it doesn't move me... money is money

If a company makes an erroneous payment, that's a mistake made by someone within the firm, and it's their responsibility to fix the payroll issue...

There is no such thing as forgiving debt. This isn't a DUI where a judge might show mercy on a sentence. In these types of civil disputes, the court doesn't just waive anything. Being broke isn't a valid excuse. The judge is simply going to ask if there was a legal basis for acquiring $1000 and that’s the end of it. It's not about who made mistakes, who paid whom, or who was rude versus polite. If you lose the suit, you'll face $1000 plus attorney fees and interest, leading straight to another garnishment. qwer explained this perfectly.
Richard Lewis16 Richard Lewis16 Active Member
221 messages
joined Sep 2009
#397 ·
I was actually talking about court costs
where on earth would you get lawyer fees from? 🤷
well, he doesn't necessarily have to have them

besides, even if he did say he had some, what then?
Paul Jackson61 Paul Jackson61 Member
39 messages
joined Jun 2010
#398 ·
Do you guys actually live in America? You have no idea how long a trial like that would drag on if it even started. I dealt with something similar at my old firm once, and we just wrote off the money. It wasn't worth the headache—financially or mentally. Plus, who’s to say he’d even be found guilty if the mistake was made by a third party—the company itself—transferring funds, and then some agency like the IRS or a federal regulator pulls the money back before he even knows what hit him? If a banker calls you out of the blue saying your account is frozen because of someone else's error... honestly, I can't say if I'd return the money until I'm actually standing in those shoes. Though, if you want my honest opinion right now? I wouldn't. Go ahead and sue me.
Thomas Ortiz3 Thomas Ortiz3 Active Member
70 messages
joined May 2012
#399 ·
Chris Doyle4 said:It looks totally intentional on paper, but I promise you, it isn't. The company is demanding I pay back money that—if you ask the clerk there—I don't even owe them. I have zero connection to this business; they just accidentally wired me some cash by mistake, and it happens to be the exact amount of some woman's salary.

I haven't read every single post here, but I don't quite follow your logic regarding why you wouldn't owe them the money. According to the law...

Quincy...
The legal framework governing mandatory obligations...

Unjust enrichment. Under Section 1111, if assets shift from one party to another without a legal basis—be it a contract, a court order, or specific statute—the recipient is obligated to return what was taken. If that’s no longer an option, they have to pay out the value of the benefit received... Just another way the system tries to correct itself...
If you aren't even aware that you're spending someone else's money—assuming we’re talking about the burden of proof and intent—then there might actually be a chance to shake those funds loose... since there was no actual intention to spend money acquired without a legal basis...
Reading the opening post, I realize that reclaiming funds is a bit more complicated due to the garnishment issues, but that doesn't change your underlying obligation...

The law states the same thing...

Quincy:
The scope of the refund...

Section 1115...

When assets acquired without legal basis are returned, they must include all accrued interest and profits—provided the recipient acted in bad faith from the start. Otherwise, the clock only starts ticking from the date the claim is filed...

Expense reimbursements...

Section 1116...

An employee is entitled to reimbursement for both necessary and useful expenses, though if they acted in bad faith, that entitlement shrinks to necessary costs alone...

How long can one hold onto what they've received...

Article 1117...

You can't go clawing back payments made for personal injury or wrongful death settlements if the money was already handed over to a bona fide purchaser... It's just how the law works.

An individual is deemed to be acting in bad faith from the moment the decision to grant an extraordinary legal remedy is served. They become obligated to return all received funds based on the original grounds, plus interest, calculated from the exact point they were considered to be acting in bad faith...
So, are you on the right side of this or not? If you’re playing it straight, things might look better for you—these garnishment costs and similar fees could potentially be classified as "necessary" expenses... though I couldn't say for certain...
Thomas Ortiz3 Thomas Ortiz3 Active Member
70 messages
joined May 2012
#400 ·
Chris Doyle4 said:Alright, here’s the latest update on this whole mess, my company accidentally wired the funds to the wrong account—basically, they just sent it to mine by mistake. Now, look, the clerk isn't to blame here at all, so nobody is losing money out of their own pocket, but I'm still stuck in the middle of it. I had a polite little chat with my personal banker over the phone this morning, but honestly, I don't get why the bank is riding my back so hard about this. Like, why couldn't the bank just reverse the transaction themselves immediately?
So, I’m heading into the branch this Monday, and here’s the plan: I fully intend to return the half of the money that’s sitting there, but as for the other half... well, I'm still figuring that part out.

What happens if the company can't actually see my private info? What are my actual chances here—can they actually sue me or whatever else they might try?

A bank can't just void a deposit if they weren't the ones who authorized the transfer. If the bank itself made the mistake, they would have simply reversed it already.
Yes, the company could file a report against an unidentified individual for unjust enrichment. As for why the bank is pressuring you, I couldn't say. Perhaps it's a major corporate client and they're feeling the heat, but from what I gather, the bank isn't directly involved. There is no loss or gain for them, and there is no legal mandate forcing them to act, since this is strictly between you and the company.

P.S. This thread belongs in the PDF Law section; we already have a dedicated topic for that over there.

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