Bank made mistake, sueing

[MLT]

What is the name of your state (only U.S. law)? Indiana
last year we received a notice from our county that we had a surplus in our property taxes. W asked why and no one knew. County informed us if we di not cash the check by certain date it would go to public funds. we held check until a few days before deadline, then cashed it.

Months later we are contacted by a bank we have zero business with, stating that they paid our taxes by mistake, to the county. county refused to reimburse them so they want us to. We never received anything from them, and county has not asked that we reimburse the monies that they sent to us. Now they are sueing in small claims, asking for treble damages, calling it conversion. (ic 35-43-4-3) When i make a mistake, say overdrawing my acct, they fine me, if they made a mistake, and sent money to county, should they not have to go to county to get it back? We are third party, did not ask for, sign for. anything directly with them, and had it gone to public funds, they till would not have it.... they also have represented themselves as collecting a debt, which 1) no contract 2) treble amage on a debt?
where do we stand?What is the name of your state (only U.S. law)?

 

[swalsh411]

Have you offered to pay the bank back the "surplus"? If not, why not?

 

[Antigone*]

What is the name of your state (only U.S. law)? Indiana
last year we received a notice from our county that we had a surplus in our property taxes. W asked why and no one knew. County informed us if we di not cash the check by certain date it would go to public funds. we held check until a few days before deadline, then cashed it.

Months later we are contacted by a bank we have zero business with, stating that they paid our taxes by mistake, to the county. county refused to reimburse them so they want us to. We never received anything from them, and county has not asked that we reimburse the monies that they sent to us. Now they are sueing in small claims, asking for treble damages, calling it conversion. (ic 35-43-4-3) When i make a mistake, say overdrawing my acct, they fine me, if they made a mistake, and sent money to county, should they not have to go to county to get it back? We are third party, did not ask for, sign for. anything directly with them, and had it gone to public funds, they till would not have it.... they also have represented themselves as collecting a debt, which 1) no contract 2) treble amage on a debt?
where do we stand?What is the name of your state (only U.S. law)?

The original owner of the funds asked that it be returned. You know these funds are not yours. If you decide to keep this money, that you now know is not yours, I don't see why the bank can't assert treble damages.

If you fork over the money that is not yours when asked there would be not assertion of conversion.

Finders keepers is not a legitimate defense

 

[dmcc10880]

Well, now you know why you had a "surplus" and received a check from the county. The bank inadvertently paid your taxes. They legitimately want their money back.

Treble damages is a wake up call for you. Call the bank's attorney or have your attorney call their attorney and offer to pay back dollar for dollar.

 

[MLT]

wll, first off, we do not have the funds any more, on course for bankruptcy, w held the check as long as possible and called everyone we could think of asking who it belonged to. so, if we owe it back, i still disagree with the treble under conversion, and cite IP 08-1504-C H/L JP Morgan Chase v Smith Bros.
Judge David F. Hamilton

http://www.insd.uscourts.gov/Opinions/ARF040O1.pdf

 

[Antigone*]

wll, first off, we do not have the funds any more, on course for bankruptcy, w held the check as long as possible and called everyone we could think of asking who it belonged to. so, if we owe it back, i still disagree with the treble under conversion, and cite IP 08-1504-C H/L JP Morgan Chase v Smith Bros.
Judge David F. Hamilton

http://www.insd.uscourts.gov/Opinions/ARF040O1.pdf

If you are intent on filing BK, then don't worry about it. It will basically be a moot point.

 

[dmcc10880]

wll, first off, we do not have the funds any more, on course for bankruptcy, w held the check as long as possible and called everyone we could think of asking who it belonged to. so, if we owe it back, i still disagree with the treble under conversion, and cite IP 08-1504-C H/L JP Morgan Chase v Smith Bros.
Judge David F. Hamilton

http://www.insd.uscourts.gov/Opinions/ARF040O1.pdf

We appreciate you providing us the entire story. When looking up case law, you could have stopped at "B".

 

[musicman654321]

Have you offered to pay the bank back the "surplus"? If not, why not?

Hi,

I would not pay ... at least not unless they prove that they actually paid it .. & I would go to no effort to assist them in this endeavor. A bank that lost money? Tough too-toos for them.

 

[MLT]

The County, whom sent us a check, has not asked for it back yet the bank who sent a County the check wants it from us, we do not know this bank .They paid County. Shouldn't they be going after County, I never cashed any check from this bank. The County told them no when they asked for it back , it was too late why can't we also tell them no , I never received a
or cashed a check from them I received a check from County who has not asked for it back.

 

[CourtClerk]

Someone always seems to come up with a way to justify stealing and keeping something that isn't theirs.

Even if the COULD prove that you were unjustly enriched by that check, you just admitted that you've pissed off the money and you don't have it to pay back. So wouldn't they STILL be in the same exact position of having to sue you (and you subsequently filing for bankruptcy)? A thief is a thief.

 

[Andy0192]

With logic like that - it's a wonder you're headed for bankruptcy...

 

[MLT]

so, had the funds gone into public funds, and county refused to reimburse, would that mean that the county is a thief? The county sent us a check, said cash it or lose it, the bank sent the county a check. The bank admitted that they used the internet to find parcel number/. They initially asked the county to reimburse and the county told them, too late, we applied it where you asked.
They are employed to service their customers escrows, they did not do it right, so, if i go to the water dept, pay your bill, and a year later come to you, and ask for it back, whats your response??

 

[MLT]

better yet, you find $100 on your door step, no one bclaims it, you call around, no one claims it, so, needing food you finally spend it, 6 months later. then i come to you, say i set the money on your step, i want it back in triple......

 

[dmcc10880]

OK... what is it you do not understand.

Bank sent a check to the county and the money went to pay YOUR taxes.

The county saw an overpayment on YOUR taxes.

The county sent you a check, which rightfully should have gone to the bank, but they don't see where the original check came from.

The bank audited their accounts, or more than likely got a past due notice from the county on the property their check was supposed to be for.

The bank reviewed the check and saw YOUR property ID on it.

They want the money back from YOU.

You're going BK so it really doesn't matter.

I've got a better idea though... tell the county what happened and request it sends the money back to the bank. Then you can pay the county as taxes due the county will not be discharged in your BK.

That's probably the best solution and appears will make you happy.

 

[>Charlotte<]

You're trying to justify keeping the money with examples that have nothing to do with what happened to you.