Hello and thank you for allowing me to address your legal question.
I just read your question in the other thread. Are you saying that the company got paid twice ($947 via Discover and $800 via PayPal)? If so, and the company refuses to return the money, then you will need to sue the company (timesharemarketpro?) that got paid twice.
Of course, I agree with the other expert that you should first complain to Discover and to PayPal, but ultimately, if that doesn’t work, you will need to hold the company itself responsible by suing it in court, and getting a judgment for the amount of the overpayment. Fortunately, the amount is small enough that you can sue the company in small claims court without the need for hiring an attorney.
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DISCLAIMER: Please understand that the complexities of most legal problems cannot be sufficiently addressed in this setting. Accordingly, my post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.
Attorney-At-Law
Licensed in Maryland
I understand. As I mentioned, if the company does not voluntarily give you back your $800, then you will need to sue. Of course, you will need to prove that the second payment was made. It sounds like that may be a sticking point. Have you tried providing the proof to the company? You may want to write the company a letter stating that you demand a refund of the double payment, and provide a copy of your proof (i.e. the PayPal receipt – you may even want to get something official from PayPal stating that the money was paid). If the company refuses, then sue in small claims court under the legal theory “unjust enrichment.”
Unjust enrichment occurs when one party benefits from the mistake of another. Wikipedia provides a good definition of unjust enrichment (which can be located HERE), as well as a good example which I have quoted below:
A typical example of a claim based on unjust enrichment is that of payment by mistake. Imagine that customer B is accidentally given $10 too much change by shopkeeper A. B does not notice the mistake. There is no way that B can be accused of any wrongdoing. Nonetheless, the law imposes an obligation on B to repay $10 to A. This is because B has been unjustly enriched by $10 by A’s payment. Unjust enrichment, if proved, always triggers an obligation to make restitution. It never triggers an obligation to pay compensation because such an obligation might leave the defendant, who is normally entirely innocent, out of pocket.
Like the shopkeeper who gave too much change to the customer, you gave too much money to the company. Therefore, the company is obligated to return your money.
Does that make sense?