Legal Question in Civil Litigation in Wisconsin

check cashing

If your insurance company

mistakenly sends you a check can

you cash it? Ethically it is wrong, but

is it illegal? Would you be forced to

pay the money back once the

insurance company finds out about

its mistake?


Asked on 10/27/08, 11:48 am

1 Answer from Attorneys
Sean Sweeney Tosa Law Office

Re: check cashing

Yes, illegal.

It is known as unjust enrichment. If you were not entitled to get the money, make a photocopy of the check, and send it back registered mail with a note saying you do not know why it was sent to you.

If they can show you knew it was not intended for you there could be serious civil and criminal penalties.

I am not your lawyer and this is not legal advice.

Read more
Answered on 10/27/08, 11:57 am


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