Legal Question in Banking Law in Florida
If a check is written payable to me, and it was paid to me in error, and I cash it, then they want their money paid back, and I pay a small portion of it back but cannot pay the rest, am I legally liable to pay the balance back to them? They wrote three check to me in error and I made it plain if they continued to make checks payable to that I would cash the next one. Am I legally liable to pay the balance back?
Asked on 1/11/12, 1:42 pm
1 Answer from Attorneys
Joseph Brien
THE PEOPLE'S ADVOCATE
Yes. It is called civil theft. If they hire a lawyer, they will demand payment or will sue for treble damages. If sued you could be liable for 3 times the balance, plus attorneys fees and costs.
Answered on 1/11/12, 2:12 pm
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