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Re: small business, a vendor deposited check for $2000 more

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re: small business, a vendor...
re: small business, a vendor deposited check for merchandise for $2000 more than check was written for back in Nov 2015. After filing fraud with my bank, bank returned money to my account per the vendor but the vendor also returned money. Am I obligated under VA law to repay the 2nd deposit?
Submitted: 1 year ago.Category: Business Law
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3/8/2016
Business Lawyer: Loren, Attorney replied 1 year ago
Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 34,958
Experience: 30 years experience representing clients .
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Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

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Business Lawyer: Loren, Attorney replied 1 year ago

I am unclear what happened. You received a refund or you were paid twice?

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Customer reply replied 1 year ago
hello Loren, thank you for your help....ok, i pay bill for our business....i paid an 8.92 payment, the vendor somehow deposited this payment in the amount of $2332.98.
Customer reply replied 1 year ago
i contacted bank, they said i had to report it as fraud,so I did. as a result the money was returned to my account, however, the vendor also returned this money to my account.
Customer reply replied 1 year ago
we did not catch the duplicate and now they want it back, but, business is really bad now, I have not taken a paycheck for 6 weeks as a result of.
Business Lawyer: Loren, Attorney replied 1 year ago

If you received a $2000 windfall by mistake you are not entitled to keep it and you will need to return the money to the vendor since the error was corrected by the bank and you never actually paid out $2000 extra.

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Business Lawyer: Loren, Attorney replied 1 year ago

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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Customer reply replied 1 year ago
windfall by mistake? no, that is not what I am saying .....did you read my responses? or is this process just a way to keep billing me money....geez
Business Lawyer: Loren, Attorney replied 1 year ago

If I understand correctly, the bank corrected the book error logging the payment as $2000 more than it was, but the vendor actually sent you a refund for the overpayment, even though the bank revised it. Is that correct?

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Customer reply replied 1 year ago
i am just not sure you understand exactly what i am saying....it would seem more reasonable to me that they initiated the whole situation by altering a 8.92 pymt into a 2332.98 pymt...and in light of should at the very least share the responsiblilty
Customer reply replied 1 year ago
no no no, it wasn't the bank at all....the VENDOR ALTERED THE ORIGINAL 8.92 PAYMENT TO A 2332.98 PAYMENT WHICH CAUSED A DOWNFALL OF FINANCIAL STRUGGLE.....AND MONTHS LATER WE WERE REIMBURSED TWICE IN ERROR
Business Lawyer: Loren, Attorney replied 1 year ago

But the vendor returned the money. So, you never actually lost the $2000 the company refunded to you? Correct?

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Business Lawyer: Loren, Attorney replied 1 year ago

You are not entitled to keep both reimbursements. The extra money is not yours.

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Business Lawyer: Loren, Attorney replied 1 year ago

You are entitled to just the amount needed to reimburse you once.

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Customer reply replied 1 year ago
CORRECT, THEY EVENTUALLY RETURNED THE MONEY TWICE AFTER OF COURSE CAUSING MAJOR FINANCIAL PROBLEMS THAT THEY CAUSED IN THE FIRST PLACE
Customer reply replied 1 year ago
I AM INCLINED TO OFFER THE SPLIT THE FUNDS 50/50....
Customer reply replied 1 year ago
OK, so what in the world am I gonna be billed for this?
lol
Business Lawyer: Loren, Attorney replied 1 year ago

You can certainly offer to settle. Since it was their mistake they should certainly be willing to work with you.

If they agree to settle make sure to get the settlement terms in writing.

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Customer reply replied 1 year ago
but what you are saying is BY LAW THE BUSINESS IS OBLIGATED TO REPAY IN FULL...IS THAT CORRECT....
Customer reply replied 1 year ago
THEIR HOME OFFICE IS IN MISSOUR AND OUR BUSINESS IS IN VA
Business Lawyer: Loren, Attorney replied 1 year ago

Yes, by law, the duplicate payment must be repaid.

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Customer reply replied 1 year ago
DO YOU HAVE REFERENCE TO THIS LAW SO THAT I CAN REFERENCE IT? OR TELL ME THE STATUE NBR OR WHATEVER WOULD PERTAIN...THIS IS WHY I PAID FOR THIS SERVICE, I WANT TO KNOW WHAT THE LAW IS ON THIS PARTICULAR MATTER...
Business Lawyer: Loren, Attorney replied 1 year ago

Why are you SHOUTING?

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Customer reply replied 1 year ago
IM TYPING..NOT SHOUTING....
Business Lawyer: Loren, Attorney replied 1 year ago

Turn off the cap lock.

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Customer reply replied 1 year ago
OK, THIS IS USELESS....I AM TERMINATING THIS CONVERSATION. GOODBYE
Customer reply replied 1 year ago
IS HARD TO SEE IN LOWER CASE..
Business Lawyer: Loren, Attorney replied 1 year ago

Sorry. When you type in cap lock it usually symbolizes shouting in computer chat.

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Business Lawyer: Loren, Attorney replied 1 year ago

Did you wish to continue?

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Customer reply replied 1 year ago
no i dont wish to continue
Business Lawyer: Loren, Attorney replied 1 year ago

Ok. Good luck.

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