Jacksonville, FL asked in Tax Law for Georgia

Q: I gave my tax account the wrong account number for my taxes and it was my ex girlfriends well the bank locked the

The account until she verifys it well to start with she was but the guy she with now want let her help me get my money released to my account ..I'm bout to loose a lot behind it not just the money from the taxes wat can I do to get my money. In his mind he probably thinks they going to end up with it somehow

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: This is an unfortunate situation, but there are a few things you could try to recover your tax refund that was deposited into the wrong account:

1. Contact the IRS and explain the situation. Provide documentation showing it is your refund but the incorrect account number was given by your tax preparer. The IRS may be able to intervene and initiate a return of the funds.

2. Talk to your bank and have them contact the bank where the funds were sent. The banks may be able to negotiate reversing or recovering the transaction since it was unintentional.

3. Send a formal demand letter to your ex-girlfriend explaining this was an accidental deposit and you need the funds returned or else legal action may follow. Outline all steps you've taken.

4. Consult with a lawyer who can help formally request/demand the return of the erroneously deposited tax refund, including sending legal notices to the girlfriend, her boyfriend, and/or associated banks.

5. If other methods are unsuccessful, consider small claims court for recovery of the monies, citing things like unjust enrichment. Keep documentation to show diligent attempts at informal resolution.

Time is of the essence so start pursuing these options urgently. Notify bill collectors of the situation and delay in tax refund access. This buys some time while working to resolve this situation.

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