Legal Question in Banking Law in Illinois

Bank Error

If the bank made a mistake and deposited some money into my account, can I spend it, or do they have the right to take it back once they discover their mistake? What are my rights in this situation. I received my statement which listed the deposit, but they don't know yet.


Asked on 9/13/02, 4:00 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Bank Error

You cannot spend it. It is not your money, and you must return it to the bank on their demand. If you fail to do so, the bank can successfuly sue you for the money back.

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Answered on 9/13/02, 4:01 pm


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