Recent Feedback
My husband was sent a check from some sort of a class action law suite, the check was sent to him in his name to our address. The problem is that a couple of days after we deposited it I was putting away the tax returns that came with the check and notice that the identification # XXXXX not my husband's. Worried because we already spent 10% of it for bills before I notice it. The letter did not come with a phone number or a persons name to contact but an address which I immediately wrote these people a letter stating that the ID # XXXXX incorrect and giving them the correct number, they in turn wrote us back stating it was not our check and they want it wired back to them immediately! What should I do we already spent some and don’t have it to give back. My husband has is self-employed and has been out of work. I was just diagnosed we a kidney disease this is going to hurt us real bad! Are we in trouble did we break the law? What should we do?
Optional Information: State/Country of Question: North Carolina Already Tried: This is what we wrote them: Subject: Corrections on tax document 1099-MISC Tuesday, July 28, 2009 Rust Consulting Inc P.O Box 62 Minneapolis, MN XXXXX-XXXX Rust Consulting / To Whom It May Concern: I have received the settlement check Friday July 25, 2009 and deposited in my bank Saturday but today when I was putting away the tax documents you sent with the check I notice you made a mistake on my identification number, I put the corrected number on it. Please send me another form showing the corrected change a.s.a.p so I can have for my records and so I can continue to use the payment without apprehension. I hope this reaching the correct office because this did not come with a phone number or a name I can address this to. Thank you,
when you say ID#, do you mean social security number? and if so, was it reasonable that the numbers were incorrect because of a typo or were the number substantially different?
On the tax form it shown it was an ID # XXXXX a S.S #
The number was substantally diffrent. Their letter back to us said the S.S # XXXXX on the tax forms belongs to a diffrent person that is a verified member of the settlement class.
ok, then you will have to return the money. If it was reasonable to believe that it was a typographical error, then it be reasonable for you to have cashed the check. But since it was substantially different, this is not the case.
I was going to send it back but I didn't know what to do with what I already spent. The real question was If they made a mistake and we made a mistake wouldn't they give us time to give them the other part or can they really come after us?
no, they cannot immediately come after you, since your mistake was somewhat reasonable you are allowed a reasonble time to correct it, likely 30 days.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.