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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11783
Experience:  JD, MBA
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Bank Error at Atm-Deposit slip showed $50,000 extra-No check

Customer Question

Bank Error at Atm-Deposit slip showed $50,000 extra-No check deposit. CASH. I alerted the bank IMMEDIATELY on recorded phone, email, in person. They are STILL investigating nearly a month later. Some lady called me and said-take the money and leave (i had just turned some people into the fbi and was getting broken into in Clarksburg). I want verification that this money is mine. How can I get legal protection to keep this money? (I requested origin due diligance etc)
Submitted: 10 months ago.
Category: Legal
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, the lady who called you doesn't know what she's talking about. If the bank deposited $50,000 into your account by mistake, then it has the right to take the money back. If you were to withdraw the money, then you can be sued under a legal doctrine called "unjust enrichment." Accordingly, there would be a very good chance that you would be sued, and then you'd have a judgment against you, which would not only mean damage to your credit report, but it could result in garnishments, liens, etc., until the $50,000 is repaid. If I were you, I would not withdraw or use any of that money. $50,000 is a lot of money, and somebody will certainly miss it sooner or later. If you are uncomfortable using that account while this situation is under investigation, then I would ask the bank to open a second account for you to use until this is resolved. They should do so free of charge.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 10 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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