I believe many people have had similar experiences and accidentally transferred money to other people's bank accounts. What if the other party refuses to return the goods? Many people say that they should call the police and go to the bank! ! ! To this end, the police and banks have put down their guns, so what is the correct way to deal with it?
Nowadays, with the popularization of modern new payment methods, such as online banking, Alipay, UnionPay express payment, mobile banking, ATM and so on. Transfer money appears in our life more and more frequently. The most depressing thing is that the transfer operation is wrong. Accidentally entered the wrong account number and accidentally ignored the name of the payee. It is easy to transfer money, but it is not so easy to recover. How to refund the money when encountering the sad thing of WeChat turning the wrong number? Bian Xiao will help you! !
1, communicate in time. Article 122 of the General Principles of Civil Law stipulates that because others have no legal basis, the person who has suffered losses has the right to demand the return of illegitimate interests. According to Article 92 of the General Principles of the Civil Law, if illegitimate interests are obtained without legal basis and losses are caused to others, the illegitimate interests obtained shall be returned to the person who has suffered losses. Article 131 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial) stipulates that other benefits obtained by unjust enrichment shall be collected after deducting labor management fees. "
If the WeChat transfer error is found, the victim should contact the other party (telephone or WeChat chat function) in time to explain the situation and ask the other party to return it. Communicate with the other party first, and the other party has the obligation to return it.
If the other party knows that the transfer is wrong and refuses to return the money after receiving it, it is unjust enrichment. If the amount involved is large, it may also constitute a criminal offence of illegal appropriation (for the purpose of illegal possession, taking property, forgetting things and buried objects handed over to others as your own, and refusing to return the large amount, it constitutes the crime of misappropriation of public funds).
2 contact customer service, so that customer service can communicate with each other
If you are unfortunate enough to meet someone who is determined not to refund money, don't just quarrel with each other, but call customer service and ask for help.
If communication fails, sue the other party.
If the other party refuses to return it, the victim can take the other party to court on the grounds of unjust enrichment.
It should be reminded that, according to 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.