If money is sent to your account by mistake, it is better not to be happy right away. Aside from the ethical part, the law does not allow this anyway, and you may experience the opposite situation.
While it is practical to carry out monetary activities usually through bank account numbers or IBAN numbers, due to this technology various glitches can also occur.
People who transfer money inadvertently If he sends money to a wrong account, the person who deposited money in his account will be legally unjustly enriched will be. That’s why the person who deposits money in his account should not be happy right away.
The legal methods to be followed are:
Unjust Enrichment
A person who has deposited money in his own bank account due to a relationship that he is not a party to, and therefore has received a share from someone else’s labor or property without a justified reason, is legally “unjustly enriched” It is accepted. In other words, if the enrichment is based on an unrealized, invalid or expired reason, the part of the enriched person is the part of the enrichment. obligation to return emerges.
In this case, for the return of the money that was sent by mistake to a person other than the person to whom the money transfer is intended, based on the unjust enrichment provisions regulated in the Turkish Code of Obligations No. 6098, the address of the defendant’s residence At the Court of First Instance litigation is required.
In the event that the person who became rich without reason before the lawsuit is filed, disposes of the money (goods or) that enabled the enrichment in good faith (without knowing and not expected to know that he was enriched without reason), these values cannot be demanded back, but the remaining values can be demanded back. Again, the bona fide third person, who is enriched without reason, does not compulsory and useful expenses You can even request a refund from the sender.
In parallel, unjust enrichment If the person is malicious this time, the sender can also demand back the increase in value on the goods, which caused the enrichment due to the compulsory and beneficial costs incurred on the goods.
Lawsuits to be filed regarding claims arising from unjust enrichment, right of restitution It is subject to a statute of limitations of 2 years from the date on which he learns that he has become rich, and 10 years from the date of the enrichment.
Conclusion
The money transfer made inadvertently for the above-mentioned reasons is before the Civil Court of First Instance for the cancellation of the transaction and the refund of the unjustly enriched amount. unjust enrichment lawsuit should open. At this point, it should be noted that in case it is determined that the unjust enrichment subject to the case is not the fault of the person, but the fault of the bank, all the litigation expenses incurred by the parties are relevant. by bank is met.
An example of a recent event:
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4 Years and 6 Months Imprisoned for Citizens Who Spend 3500 TL Incorrectly Deposited in Their Bank Account
Living in Kayseri, OA spent 3500 TL, which was mistakenly deposited into his account by someone he did not know. OA, who was sued upon this, 4 years and 6 months in prison and 8,000 liras was sentenced to a fine.
In another incident, Durmuş Şahan realized that 28,000 Euros had been deposited into his bank account by mistake and returned the money to its owner.
if it was malicious would be punished.
Incident in the USA: An incredible amount of $50 billion was accidentally deposited into a man’s bank account.
“We knew it wasn’t ours. We didn’t earn it. That’s why we didn’t spend it” The man says he didn’t think twice about keeping the money in their account without taking any action, as he knew that if they spent the money, it would be considered “theft”. Law enforcement The fact that he worked as a However, since most people do not have knowledge about it, the devil can be followed.
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Takes From The Heart: $50 Billion Accidentally Deposited In A Family’s Bank Account
So what should you do if money is accidentally deposited into your account?
In case of mistakenly deposited money into your account, it would be best to perform the refund process. When the mistake is noticed what to do is as follows:
- the fastest bank customer service You must report the incorrect money transfer by contacting the service.
- If the sender is also a customer of the same bank, you can easily solve the problem with the bank. otherwise The process may take a little longer.
- the other party blocked for account you may request. It is important to take this precaution, especially when transferring large amounts of money. Money If it comes with EFT You can easily cancel and return the money.
Source: Gülaç Law Office, TRT