Anaheim, CA asked in Business Law and Collections for California

Q: We accidentally overpaid a vendor through ACH. We have tried contacting them but they are avoiding us now.

We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation proving that they opened our emails. They are also not answering our calls. Are they legally obligated to return our money?

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2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: They are not entitled to keep the overpayment. I suggest you sue them immediately in small claims court. Don't delay. Your local court will even help you fill things out and explain what you must do.

Yelena Gurevich agrees with this answer

2 users found this answer helpful

Shawn R. Jackson
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Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Rohnert Park, CA
  • Licensed in California

A: So, first question ... where are you located ... and where are they located? Second question, was you "over payment" for any type of services previously rendered ... and/or contemplated to be rendered? The next step is for you to schedule a free initial consultation with at least two attorneys ... by phone call or video call. Let me know your thoughts ... thank you.

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