Nowadays, with the popularity of modern new payment methods such as online banking, Alipay, UnionPay express payment, mobile banking and ATM, the frequency of transfer in our life is getting higher and higher. The most depressing thing is that the transfer operation is wrong. If you accidentally enter the wrong account number and ignore the name of the payee, the money can be easily transferred, but it is not so easy to get it back.
How can I get the money back when I encounter something like WeChat posting error? The law will give you a trick! !
1 Communicate with each other in time.
Article 122 of the General Principles of Civil Law stipulates that the person who has suffered losses has the right to demand the return of improper benefits because others have no legal basis. Corresponding to Article 92 of the General Principles of the Civil Law, if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits obtained shall be returned to the person who has suffered losses.
Article 131 of the Supreme People's Court's Opinions on Several Issues of Implementation (Trial) stipulates: "The improper benefits returned include the original and the fruits of the original. Other benefits obtained through unjust enrichment shall be confiscated after deducting labor management fees. "
If the WeChat transfer is found to be wrong, the victim should contact the other party (telephone or chat function in WeChat) in time to explain the situation and ask the other party to return it. (Acquaintances will naturally pay you back, but strangers may not.) But you have to communicate with each other first, and the other party has the obligation to pay back.
If the other party knows that the transfer is wrong and refuses to return the money after receiving it, it is unjust enrichment. If it involves a large amount, it may also constitute a criminal offence of illegal possession (for the purpose of illegal possession, illegally taking for yourself the property, forgetting things or buried objects entrusted to it by others, and refusing to return the large amount will constitute a crime of embezzlement).
2 contact customer service, let customer service communicate with each other. If you are unfortunate enough to meet someone who is determined not to refund money, don't just tell the other party, call customer service and ask for help.
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If the communication fails and the other party refuses to return it, the victim may bring the other party to court on the grounds of unjust enrichment.
It should be reminded that, according to the relevant laws and regulations, the jurisdiction court of unjust enrichment disputes is the defendant's domicile, and the court where the victim is located has no jurisdiction, so it is necessary to bring a lawsuit in the court where the defendant has his domicile or habitual residence.
In addition, we must keep the WeChat transfer record and bank card details, which can be submitted as evidence. As long as the facts are clear and the evidence is complete, the victim can easily win the case and recover his losses.
Tips: If the parties themselves are troublesome or unable to handle the case, and the amount involved is large, they can entrust a lawyer to the defendant's location or directly entrust a local lawyer with full authority to handle the prosecution, or they can file a case online by themselves. At present, some courts in Jiangsu, Beijing, Shanghai, Guangzhou, Guizhou and Hubei have opened online filing systems. The parties can upload the information required for prosecution as required, wait for the court to review, and then go to the local area when the court really opens the court session.
4 What if I don't know the identity information of the other party? The premise of prosecution is to clarify the name and identity information of the defendant. At present, WeChat does not necessarily need real-name verification and registration, so the victim may not know the identity information of some friends. In this case, it will take some trouble.
If the other party has registered a mobile phone number, you can try to find their identity information through the mobile phone number; If this method still cannot determine the identity information of the other party, you can try to communicate with the WeChat backstage through the police and seek the help of the staff.
By the way, it should be noted that the victims of the wrong WeChat account are losses caused by their own mistakes. Internet companies are not at fault and have no right to demand compensation from Internet companies. In the Internet age, everyone knows what is happening in the world without going out, not to mention the mode of transmission. Bank counter transfers have been made, and Alipay, WeChat and online banking transfers have become a trend, but are these transfer methods safe? Especially Alipay transfer, what if the transfer is wrong?
First of all, it should be clear that the mistake of self-transfer belongs to personal behavior and the responsibility lies with oneself. No payment software, bank or police can provide other people's private information to the public at will, nor have the right to transfer other people's deposits or freeze other people's bank accounts at will.
All they can do is mediate.
Therefore, after the wrong account is transferred, follow the following three steps at the first time: 1. Contact the other party to negotiate a refund according to the Alipay account information (email address, mobile phone number) that you mistakenly transferred.
2, the same as above, moving with emotion;
3, ditto, reasonable.
If you refuse to repay, you can collect evidence of transfer error, or you can call 95 188 Alipay's only official customer service phone number, or call the police to help coordinate.
If the payee still refuses to repay the loan, he can bring an "unjust enrichment" lawsuit to the court in the jurisdiction where the payee is located. According to the provisions of Article 29 of the General Principles of Civil Law of our country, if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits shall be returned to the person who has suffered losses.
Of course, it is best to check the information before transferring money to avoid unnecessary trouble caused by hand injury.
When you find yourself transferring the wrong account to someone else's account, you should do this: 1 Contact the bank immediately and explain the situation. After discovering the wrong account, the customer had better go to the nearest bank counter as soon as possible, and check with the bank staff whether the other party's account exists with the printed receipt issued by the ATM machine on the day of transfer. If the opposite account does not exist or is invalid, the money will be automatically returned to the sender's account within a certain period of time. However, if the other party's account is true and valid, then the remitter can ask the bank staff to provide the other party's contact information.
Let's be clear here, because it involves public privacy, the bank may not be willing to provide you with the personal information of the other party. At this time, you can ask the bank to try to communicate with each other and help coordinate.
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Report the case to the public security organ and request the public security organ to intervene in the investigation. First of all, the public security organ will ask the bank to verify the identity of the other party, and then communicate with the other party whether it is willing to return the money. That's all the public security organs can do. Don't embarrass others.
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It is a civil act to bring a civil lawsuit to the court to protect rights and transfer wrong accounts, which can be solved through civil litigation. When the assignor brings a lawsuit to the court, there are two cases. The first is to cancel the transfer, and the second is to demand the return of unjust enrichment. The result of these two litigation schemes is that the money will be returned to the transferor by the person who has no legal basis to collect money.
At this time, some people say that they can't get the information of wrong account transfer, and there is no other evidence except bill transfer. Is it useful to sue like this?
Don't worry about getting the user information of the wrong account. It's simple. When a lawsuit is filed, the bank that transferred the money and the bank that handled it can be sued together and listed as a party to the case.
But it should be noted that you should keep the corresponding evidence, such as your money order.