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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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Re: small business, a vendor deposited check for $2000 more

Customer Question

re: small business, a vendor deposited check for merchandise for $2000 more than check was written for back in Nov 2015. After filing fraud with my bank, bank returned money to my account per the vendor but the vendor also returned money. Am I obligated under VA law to repay the 2nd deposit?
Submitted: 9 months ago.
Category: Business Law
Expert:  Loren replied 9 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 9 months ago.

I am unclear what happened. You received a refund or you were paid twice?

Customer: replied 9 months ago.
hello Loren, thank you for your help....ok, i pay bill for our business....i paid an 8.92 payment, the vendor somehow deposited this payment in the amount of $2332.98.
Customer: replied 9 months ago.
i contacted bank, they said i had to report it as fraud,so I did. as a result the money was returned to my account, however, the vendor also returned this money to my account.
Customer: replied 9 months ago.
we did not catch the duplicate and now they want it back, but, business is really bad now, I have not taken a paycheck for 6 weeks as a result of.
Expert:  Loren replied 9 months ago.

If you received a $2000 windfall by mistake you are not entitled to keep it and you will need to return the money to the vendor since the error was corrected by the bank and you never actually paid out $2000 extra.

Expert:  Loren replied 9 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 9 months ago.
windfall by mistake? no, that is not what I am saying .....did you read my responses? or is this process just a way to keep billing me money....geez
Expert:  Loren replied 9 months ago.

If I understand correctly, the bank corrected the book error logging the payment as $2000 more than it was, but the vendor actually sent you a refund for the overpayment, even though the bank revised it. Is that correct?

Customer: replied 9 months ago.
i am just not sure you understand exactly what i am saying....it would seem more reasonable to me that they initiated the whole situation by altering a 8.92 pymt into a 2332.98 pymt...and in light of should at the very least share the responsiblilty
Customer: replied 9 months ago.
no no no, it wasn't the bank at all....the VENDOR ALTERED THE ORIGINAL 8.92 PAYMENT TO A 2332.98 PAYMENT WHICH CAUSED A DOWNFALL OF FINANCIAL STRUGGLE.....AND MONTHS LATER WE WERE REIMBURSED TWICE IN ERROR
Expert:  Loren replied 9 months ago.

But the vendor returned the money. So, you never actually lost the $2000 the company refunded to you? Correct?

Expert:  Loren replied 9 months ago.

You are not entitled to keep both reimbursements. The extra money is not yours.

Expert:  Loren replied 9 months ago.

You are entitled to just the amount needed to reimburse you once.

Customer: replied 9 months ago.
CORRECT, THEY EVENTUALLY RETURNED THE MONEY TWICE AFTER OF COURSE CAUSING MAJOR FINANCIAL PROBLEMS THAT THEY CAUSED IN THE FIRST PLACE
Customer: replied 9 months ago.
I AM INCLINED TO OFFER THE SPLIT THE FUNDS 50/50....
Customer: replied 9 months ago.
OK, so what in the world am I gonna be billed for this?
lol
Expert:  Loren replied 9 months ago.

You can certainly offer to settle. Since it was their mistake they should certainly be willing to work with you.

If they agree to settle make sure to get the settlement terms in writing.

Customer: replied 9 months ago.
but what you are saying is BY LAW THE BUSINESS IS OBLIGATED TO REPAY IN FULL...IS THAT CORRECT....
Customer: replied 9 months ago.
THEIR HOME OFFICE IS IN MISSOUR AND OUR BUSINESS IS IN VA
Expert:  Loren replied 9 months ago.

Yes, by law, the duplicate payment must be repaid.

Customer: replied 9 months ago.
DO YOU HAVE REFERENCE TO THIS LAW SO THAT I CAN REFERENCE IT? OR TELL ME THE STATUE NBR OR WHATEVER WOULD PERTAIN...THIS IS WHY I PAID FOR THIS SERVICE, I WANT TO KNOW WHAT THE LAW IS ON THIS PARTICULAR MATTER...
Expert:  Loren replied 9 months ago.

Why are you SHOUTING?

Customer: replied 9 months ago.
IM TYPING..NOT SHOUTING....
Expert:  Loren replied 9 months ago.

Turn off the cap lock.

Customer: replied 9 months ago.
OK, THIS IS USELESS....I AM TERMINATING THIS CONVERSATION. GOODBYE
Customer: replied 9 months ago.
IS HARD TO SEE IN LOWER CASE..
Expert:  Loren replied 9 months ago.

Sorry. When you type in cap lock it usually symbolizes shouting in computer chat.

Expert:  Loren replied 9 months ago.

Did you wish to continue?

Customer: replied 9 months ago.
no i dont wish to continue
Expert:  Loren replied 9 months ago.

Ok. Good luck.

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