Legal Question in Business Law in Nevada

Do i have a legal obligation to pay back money that was mistakenly sent to me for sales tax on a vehicle.


Asked on 6/17/11, 10:41 am

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

�One who by error in computation, or by mistake of any fact, pays a real or supposed creditor more than is his due, or pays a debt previously discharged, may recover the overpayment; and generally speaking, money paid over under a mutual mistake of an essential fact, or under a unilateral mistake as to such a fact where the defendant has parted with nothing and the plaintiff has not received an expected return, may be recovered.�

Smart v. Valencia, 50 Nev. 359, 261 P. 655 (Nev. 1927).

Your attorney can explain further.

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Answered on 6/17/11, 10:47 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I second the other attorney answer. If you don't pay it back, you will subject yourself to a lawsuit. Is it worth it? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 6/17/11, 11:08 am


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