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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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our llc recieved a check for $1700 from a client made out to

Resolved Question:

our llc recieved a check for $1700 from a client made out to us..the check was meant to be made out to another company i work for also..we caught the mistake and sent that company a check for the amount within 45 days of depositing the initial check explaining the error..am i in trouble ? this was just an error on our part..as it was made out to us, we didnt catch it until i went thru the deposits and realised it should have been paid to my employer and not my llc
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

To answer your question, I do not see 'trouble' here, at least not directly. if this was an unintentional error which was rectified and provided to the client, AND you paid the correct amount to the LLC once the check was re-issued, it is not an issue. Should the IRS ask, simply keep records of your communication and you should be perfectly able to inform them of the potential difficulty. This does not appear to be a serious omission, and since you handled it with a full paper trail and due diligence, I really do not see 'trouble' for you.

Good luck.



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Customer: replied 1 year ago.
does the fact i work for the one company where the check should have gone but was paid to my own small llc create issues..in truth i probably meant to have him pay the company i work for but mistakenly must have billed it to my llc..we did correct in full when finding the error however
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Martin.

To be truthful it should not, provided you refunded the money, and then the client re-issued the check and sent it to you correctly. The only issue may be the company itself, which may claim that you attempted to embezzle funds. This is highly unlikely simply because you refunded right away when you discovered the error, and then sent the funds to the correct location. So long as there was no intent or malice, I really do not see a potential liability here.

Good luck.
Customer: replied 1 year ago.
just to be clear..we deposited the check..we did not refund it to the company who wrote it, we sent a check to the company who was owed the money ( my employer ) for said amount. reason i want to be clear is im resigning this week to take another job and i dont want to be accused of wrongdoing.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Martin.

I cannot predict what your current employer will do, but if they received the check, the letter of explanation, and they deposited and cashed the check you sent them, their ability to pursue a potential claim against you is lowered since you can show that by sending them the funds, you defused the issue. Again, it is not a guarantee, but if you provided them with full disclosure, it is unlikely they will pursue.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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