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?

Related Topics:
2 Lawyer Answers
Leon Bayer
Leon Bayer
  • 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
Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.