Is it illegal to keep money that someone accidentally sends you?

Found Money? Think Twice Before You Spend It: The Legality of Keeping Accidental Deposits

We’ve all dreamed of a surprise windfall. Imagine logging into your bank account and seeing a significant sum deposited in error. Tempting as it might be to consider it a gift from the universe, that unexpected money isn’t yours to keep. Holding onto funds accidentally sent to you can land you in legal hot water.

While it might seem harmless, legally speaking, retaining money that was mistakenly deposited into your account is considered unjust enrichment. This principle holds that a person should not profit at another’s expense. It doesn’t matter if the sender made a typo, entered the wrong account number, or simply clicked the wrong button. The money remains theirs, and you have a legal and ethical obligation to return it.

Thinking you can just ignore the error and hope nobody notices? Think again. Banks have sophisticated tracking systems, and errors are usually discovered quickly. Furthermore, the sender can initiate an investigation to trace the funds. Keeping the money could lead to a demand for repayment, and if you refuse, you could face legal action, including potential criminal charges depending on the amount and the specific circumstances.

The legal consequences can range from civil lawsuits demanding the return of the funds, plus interest and legal fees, to accusations of theft or conversion, which carry potentially serious penalties. The severity of the consequences often depends on the amount of money involved and whether there’s evidence of intent to defraud. Even if you genuinely believed the money was yours initially, failing to return it once the error is discovered can strengthen the case against you.

So, what should you do if you receive an unexpected deposit? The simplest and safest course of action is to immediately notify your financial institution. Explain the situation clearly and provide any details you have about the deposit. Your bank will then be able to initiate the process of returning the funds to their rightful owner.

Crucially, document everything. Keep records of your communication with the bank, including dates, times, and the names of individuals you spoke with. This documentation can protect you if any disputes arise later. Taking proactive steps to rectify the situation not only protects you legally but also demonstrates good faith and ethical conduct.

In conclusion, finding unexpected money in your account can be surprising, but it’s essential to remember that it doesn’t constitute a lucky break. It’s someone else’s money, and keeping it can have significant legal ramifications. Act responsibly, contact your bank, and ensure the funds are returned to their rightful owner. It’s the right thing to do, and it’s the best way to avoid unnecessary legal trouble.