What if you mistakenly transferred the money to the card
Right / / December 24, 2019
You have received a notification that the account enrolled 10 thousand rubles. Have you looked in your account the bank's statement, but do not understand what kind of money. If the first impulse - to quickly remove and spend, do so not necessary.
Why can not spend the money
Although the means and lie on your card, they belong to still be challenged. The more that you do not know its source: it is not a gift, not a service fee, no deposit bonus for participating in the action, not winning the lottery.
According to lawOf the Civil Code Article 1102. Obligation to Return Unjust Enrichment you must return to such enrichment. If you have not already done so, you may be required to in court. Additionally, you will have to pay the legal costs of the other party.
Much will depend on whether the claimant can - the one who moved the money to you - to prove his mistake. This is necessary to avoid a situation where people pay for a service or returned to duty, but then changed his mind and sued.
For example, the City Court refused Chusovskoy
Solution number 2-1362 / 2015 2-1362 / 2015 ~ M-1358/2015 M-1358/2015 of December 7, 2015 the case number 2-1362 / 2015 woman's claim. She claimed that erroneously transferred money, and demanded them back. In court, it was found that she listed them through a mobile application, where you can enter the recipient's card number and confirm the payment, but did not report an error in the bank.This is not an isolated case, when the bank took the side of the defendant. But there are precedents and backError 300 thousand. rub.: how to return not sent to the card money. In addition, if you spend money, you can become a defendant in a criminal case on the article for fraudArticle 159 of the Criminal Code. Fraud, EmbezzlementArticle 160 of the Criminal Code. Embezzlement.
If the wrong bank, which has a staff of lawyers who oppose him will be doubly difficult.
So that excessive obstinacy may lead to additional costs. The more you know, it's not your money.
What to do if you do not clear the money credited
Firstly, do not touch the funds - we have already clarified. As long as you have not begun to spend it, it's okay. Someone Else's mistake is not your problem.
Secondly, the bank said. If you call the operator and say, "I came to the money, I do not know where they are," you should not be taken away. But it will be an occasion to test. If all goes well, no one said the error, you just report it.
Don'ts
If you are calling a person says that you moved the money by mistake, and asks to send them back, do not rush. You can return it the desired amount, and then he will contest his transfer from the bank - a swindler in the black, you in the red.
It happens that fraudsters draw you into their criminal scheme: get money from someone cheating, you are sent, then return to you and confuse traces. For you both schemes unpleasant.
remember that
If the money is transferred to you by mistake, it is better to return. But to do it is not necessary to do anything. Just report the country is put in the pot and wait. If the funds are not your bank will take them yourself.
see also💳
- What to do if the ATM does not give your card
- What to do if you find someone else's bank card
- 9 problems with bank cards and their solution