Q: I need help on a money issue. Money was transferred into my account. I did not know who it was from when it happened.
Hello, I received a funds transfer on July 14th of $20,138.00. I called my bank and they said it was transferred from another account and could not see where from. I waited a week to touch the money just in case. Then I used to to help pay of bills. The day after touching the money I get a call from my grandfather saying it was him on accident and that he wants it all back. However, I had already used a good portion of it. I wrote up an agreement for him for him to sign for the money. I have it in messages of him saying he wasnt going to sue me. Found out today that he is. What can be done?
I also did not have any form of communication with my grandfather for almost a year other than him being told to call me after one of the surgeries I had and when I messaged him on facebook about buying something from him. He has it where I was blocked on Facebook and even from calling him. Since the incident I have been unblocked on facebook but not from calling his phone from my phone.
A: This isn't the answer you want to hear but I believe that if grandpa sues you then you will lose. From a legal standpoint, I question whether there was any "consideration" given by you in exchange for his statement that he was not going to sue you. Consideration is an essential element of an enforceable contract in Missouri.
As far as the bills that you paid off with the new-found money, I assume you owed the bills. You were not damaged by paying bills that you needed to pay even if you had not paid using grandpa's money.
Finally, I don't believe you are on the moral high ground in wanting to keep money that an elderly family member transferred into your account by mistake.
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