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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If a business overpays a deposit back to you are you legally

Customer Question

Hi there, If a business overpays a deposit back to you are you legally required to pay it back to them? I have no problem if I am legally obliged but they are making threatening phone calls to recover their error?
JA: No. I'm the lawyer's Assistant. What state are you in? It matters because laws vary by location.
Customer: NSW
JA: Has anything been filed or reported?
Customer: Not that I am aware of. I have recieved a phone call advising me of the error and an email in a threatening tone advising me to pay it immediately or face further action
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

Good Afternoon

You are required to pay them the overpayment as you are not entitled to it and they can sue you.

You are not allowed to profit from a persons mistake.

They can even report it to the police if you refuse to pay it back.

I hope this makes sense and is of assistance. if there is nothing further

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