What are our rights to a refund of an overpayment to a vendor?

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What are our rights to a refund of an overpayment to a vendor?

We logged on to our bank and accidentally paid our cable provider twice rather than another vendor for a total overpayment of $5,000. We now have a credit of $4,783 with the cable company and they continue to promise reimbursement but have not made it. We are concerned by the runaround we have received for the past month and wonder if perhaps they don’t have to issue a refund?

Asked on January 30, 2012 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you overpaid them, they have to return the surplus--your accidental overpayment does not give them any right to money. While they could apply it as as a credit vs. future bills, that would only be with your agreement--you have the right to get the money back. If they will not return it, your recourse is to sue the cable company--you would need to prove in court what you owed and what you accidentally paid (and therefore how much they owe you).


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