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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a tax preparer and I prepare mostly personal tax

Customer Question

I am a tax preparer and I prepare mostly personal tax returns, and I offer bank products which allow for tax customers to have taxes prepared and their fees deducted from their refund and the balance gets deposited into their account. I contract with a third party Bank for this service. I made the grave error of entering the incorrect bank account information on one of my customers returns and his refund was deposited into another on of my customers accounts. I contacted the bank that I contract with and they reached out to Bank of America to retrieve the funds, however the request from BOA was denied because the "incorrect" customer has exhausted the funds. I called this other customer and she admitted to having the funds, but essentially refuses to return the money until she receives a letter from Bank of America. Bank of America will not discuss the issue with me because I am not the account holder. In the meantime I have refunded my customer his money, but need to get my money back from the other customer. What recourse to I have. The money is NOT hers and I feel that Bank of America should have rejected the deposit if the funds did not belong to her. Please advise.
Thanks,
Submitted: 8 months ago.
Category: Legal
Expert:  keeperumiami replied 8 months ago.

How much money are you talking about?

How long have you had this client who has the funds?

Customer: replied 8 months ago.
did you get my response. I have had both customers for a couple of years. the Account went into the wrong customers account and she has either exhausted the funds or moved them. I have spoken to her twice and she admits to having the funds, but states that she needs a letter from Bank of America before she returns the funds. She admits to the funds not belonging to her.
Customer: replied 8 months ago.
Hi, please opt out, I need an answer from a legal Expert. thanks
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Someone in your situation may wish to sue the person that you accidentally paid the money. Really, that is the only way to get it back unless they give it back voluntarily.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Someone in your situation may wish to threaten (or sue) for money had and received. The elements of such action are: a person has received money of the other that in equity and good conscious he should not be permitted to keep; demand for repayment has been made; and the demand was refused. See Fain v. Neal, supra at 497-499, 103 S.E.2d 437. This applies here arguably as the person received money that in good conscience they should return (and should not have spent).

Often, the threat of filing a lawsuit is enough to have this matter resolved without needing to file suit.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.

Hello,

Apologies for the back and forth. After the original expert opted out, I am replying now to mark this thread as "answered" due to an internal system matter.

Regardless, pl if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!