Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
A:
Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into your bank account unintentionally and decides to take legal action to recover the money, the courts will consider the nature of the transactions and your response to them.
It's advisable to communicate directly with your ex-partner about the situation as soon as you notice the unintended deposits. Attempting to resolve the issue amicably, by returning the funds voluntarily, can often prevent legal disputes. Keeping the money without attempting to notify your ex could be viewed unfavorably by a court, especially if it is clear that the deposits were made by mistake.
Should your ex-partner decide to sue for the return of the funds, the court will look at several factors, including the intent of the payments and your actions upon receiving them. If a lawsuit is filed, demonstrating that you acted in good faith by either notifying your ex about the mistake or attempting to return the funds can be crucial. If you find yourself in this situation, seeking legal advice may help you understand your rights and obligations, and how best to proceed.
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