Canton, MI asked in Business Law for Michigan

Q: Can money be returned after 6 months?

My company accidentally sent a check to a company ( Company A) with the exact same name as the actual receipt company of the check (Company B). When the check was sent it had all of company As information and was deposited without an issue. Unfortunately that check was sent and cashed in early January our team didn’t realize it until this June and now company A is refusing to pay the money back and ignoring our calls. Company B has to be paid for there work and quite honestly we don’t know what to do. We have thought of talking to a lawyer and suing Company A but it’s been a really long time, 6 months to be exact. The amount in question is $6000!

Please provide any help as we are a small business and losing $6,000 will be a big hit.

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2 Lawyer Answers
David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: Company A cannot keep the monies for work or services it had not performed. Should you decide to bring an action against them it is very likely you would prevail. From your facts as presented, this should not be difficult to resolve.

Patrick Duff
Patrick Duff
Answered
  • Grandville, MI
  • Licensed in Michigan

A: You probably have a viable unjust enrichment claim. However, the cost of litigating such a claim could easily exceed the $6,000 you're hoping to recoup. Unfortunately, I think you're have to make a decision about how much you want to invest in trying to scrape back that money versus what is your walk-away point.

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