Have Legal Questions? Ask a Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, and I'm sorry for your trouble.
The botXXXXX XXXXXne is that you must repay the money if it were paid over in error. There's really no way around that - - unfortunately.
Them claiming this was fraud is likely a scare tactic to make you get this money repaid asap. In order to prove fraud, they would have to show that you intended to take the money knowing that you weren't entitled to it, etc. If you relied on what its employees told you and if you made no misrepresentations, then it is hardly fraud.
You certainly need to try and establish a repayment plan to pay off the debt as soon as you can, but they should work with you. As I said, there's likely no way to get around paying the money back, so all you can really do is try and work out a repayment plan that you can afford.
Thank you, I knew I would have to repay the money, but it certainly was not fraud. I appreciate your help. Do I need to work out a payment plan or could I just start sending in what I can afford each month?
It would likely be best if you contact them and try to work out something so they won't pursue an action against you for the debt.
If there's a payment plan in place, then as long as you're paying, all should be well.
Again, thank you for your help. My financial situation is quite grim at this point. I am barely getting by. I will contact them ASAP
No problem - - glad to help.
I wish you luck with this.
Thank you. Have a wonderful day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).