In what cases should overpaid benefits be returned as unjust enrichment?

Grounds for returning erroneously transferred funds.

If an error is made in the transfer of funds, then in accordance with the regulations of the legislation of the Russian Federation, the payer is given the right to return the amounts paid.

Thus, if an incorrect transfer is made to another legal entity, in reality there are no contractual obligations between the payer and the recipient. Relying on Article 1102 of the Civil Code of Russia, the second party is obliged to return funds acquired unjustifiably to the sender. Moreover, if the return is delayed, the first party may demand compensation in the form of interest for the use of its funds. What is stipulated by Article 1107 of the Civil Code of the Russian Federation. Therefore, both parties have reasons and interests in the speedy return of the transferred amounts.

It is worth noting that funds transferred by mistake to a non-existent organization will be automatically returned by the bank within 5 business days. If this does not happen, a clarifying letter to the bank will be required.

Errors in details can be made when entering them manually. Experienced accountants use electronic copying when filling out payment documents or automated financial accounting tools (1C Enterprise, Internet Banking and others). In them, you can select the counterparty from the list or just enter the TIN. Most fields of the payment order will be filled in automatically.

Most often, inaccuracies occur when specifying the payment amount. Because in each specific case it is individual and, as a rule, is entered manually. Under such circumstances, there is a risk of overpayment under the contract. However, there is no need to worry.

The amount received in excess of the contract is also equivalent to funds acquired unjustifiably. And evasion of return entails liability on the basis of Article 395 of the Civil Code of the Russian Federation. Since the fact of unlawful retention and use of funds is recorded.

Reasons for drawing up

It is necessary to draw up a document on the basis of which funds transferred by mistake will be returned in several cases. Technical errors are considered frequent among them.

In the second case, we are talking about a mistake by the owner of the funds. A person may make a mistake in the details by indicating one of the account numbers incorrectly.

Errors also occur when the transfer amount is entered incorrectly. As a result, the organization may receive more funds than required.

Refund methods.

If the error was discovered immediately, the funds will be returned quickly. Due to the fact that the bank takes time to carry out operations, payments do not go through instantly. As a rule, a timely contact with the bank with a request to revoke a payment order solves the problem that has arisen.

But how can you return erroneously transferred funds if several days have already passed? There are two ways to resolve the issue:

1. Voluntary.

The emphasis here is on the agreement between the two parties. If the counterparty is respectable and interested in further cooperation, then it will promptly respond to a letter about the return of erroneously transferred funds. As a rule, organizations respond adequately to such incidents and treat mistakes made with understanding. At the same time, no one needs extra paperwork.

2. Judicial.

If the recipient independently refuses to return the erroneously transferred funds, then the sender can only resolve the matter in court. Only a statement of claim to the court with reasonable evidence of the current situation will help resolve the dispute.

Judicial practice has various examples of final results, both in favor of the injured party and vice versa. Therefore, it is better to entrust the process of paperwork and case management to qualified lawyers. This will significantly increase the chances of a positive resolution of the issue.

In whose favor are they usually mistaken?

Often, funds transferred by mistake are found in different accounts. Moreover, not only a citizen or an organization can receive them.

The transfer can be sent to:

to various payment systems (electronic wallets);
to credit organizations;
to terminals that allow you to pay for services remotely;
to telephone and Internet operators;
to various contractors providing intermediary services;
to the Federal Tax Service;
to extra-budgetary funds.

In addition, there are often situations where the recipient of funds is an individual.

Letter requesting the return of erroneously transferred funds.

It is not enough for any organization to make an oral request or demand to take any action, especially of a financial nature. Typically, a formal letter from another legal entity is required, which states the nature of the problem and specific details of the circumstances.

The structure of letters of this kind is not strictly specified. They are issued in free form. However, it is better to use the organization’s form indicating the details. Often, to effect a refund, it is necessary to reconcile mutual settlements.

Below are letters for the return of erroneously transferred funds:

Refund of erroneously transferred funds letter sample.

Important points

If the payment was made incorrectly, then steps must be taken to return it.
Such an event is not considered ordinary. In each case, you need to check the message carefully, having studied all the details. The basis for this is a letter that reflects all the circumstances of the incident. It is necessary to provide the details where the return should be made. The letter does not have a set form. Therefore, it can be compiled arbitrarily.

https://www.youtube.com/watch?v=ytpolicyandsafetyru

Sometimes, even with a letter, it is not possible to get the money back. After all, a citizen must provide reasons for carrying out the procedure, expressed in writing.

The work of a legal nature to restore a citizen’s rights consists of searching for material evidence. Particular attention is paid to material sources.

Purpose of payment for the return of erroneously transferred funds.

In turn, the opposite situations arise. When erroneously transferred funds or an overpayment are received into the organization’s current account. In this case, you will need to check the counterparty, payments and the correctness of the amounts. If a decision is made to revert, it is important to fill out payment documents correctly. To ensure that these amounts do not appear in the reporting as income or expenses, the purpose of the payment for the return of funds must indicate the basis and the action being performed.

For example, the following formulations are suitable:

Refund of excessively transferred funds according to letter No. 37/1/19 dated 04/04/2019, according to invoice No. 4935 dated 03/18/2019.

Refund of erroneously transferred funds according to letter No. 37/1/19 dated 04/04/2019, according to invoice No. 4935 dated 03/18/2019.

payment order can be found below:

Sample payment order for the return of erroneously transferred funds.

Is an act of issuing money drawn up when returning goods?

Customers have the right to return goods within 14 calendar days from the date of purchase. This right is already familiar to everyone and has been used successfully for a long time.

Citizen buyers know how to return a purchase and get their money back.

Necessary:

write a statement and present it to the administrator;
keep and present the receipt with the application;
return the goods.

In fact, the law provides for the exchange of goods for an analogue or substitute until an identical product goes on sale (for non-food products). But in practice, sellers simply make returns. This is a simple and quick way to close the issue. In this case, according to the law, the money must be returned no later than three days.

What actions does the seller take after the buyer submits the application and receipt?

If you want to return the product on the day of purchase, you must:

Accept an application and check from the client;
Prepare an invoice. The sender is the buyer, the Recipient is the seller organization;
Make a refund from the same point of sale through which the purchase was made. Refunds must be made before the cash register closes and the Z-report is issued.
At the end of the shift, it is necessary to issue a certificate of return of funds to the buyer (KM-3);
The refunded amount is displayed in the cashier-operator's journal and the certificate report. If there are several payment points at a retail outlet, the senior cashier indicates the amount that was returned in the summary report for all cash points.

We suggest you read: Complaint against Sberbank: where and how you can complain

If the return does not occur on the day of purchase, the seller will process it as follows:

Accept an application, a check, ask the buyer to present a passport;
Create an invoice for the goods. It is signed by both the seller and the buyer;
The amount is returned within three days from the main cash register of the enterprise according to the cash receipt order upon presentation of the applicant’s passport;
The cash order is displayed in the cash book.

How are funds returned for goods paid for by credit card?

According to the law, funds can be reversed only to a card. You should not confuse payments using a cash register and a non-cash account.

What to do after detection

If a person discovers that he transferred funds by mistake, then he must follow the instructions below:

At the initial stage, a written application for the return of funds is drawn up. It must be signed by the originator. The document is also certified by a notary office.
The letter is sent to the organization that mistakenly became the recipient of the funds.
Notice can be sent in several ways. It is possible to submit it in person by visiting the institution’s office. The document is also sent by mail or using delivery provided by a courier service.
After the organization receives the letter, it must check all monetary transactions that were made on the accounts. This is necessary to detect an error. It is important to evaluate the correctness of income, expenses and account balance.
If an error is identified, a written response is drawn up. It contains the terms of return, the amount that the applicant must receive. Otherwise, a document containing justification for the impossibility of reverse translation is also transmitted.

We suggest you read: Account card debit credit how to figure it out

If all of the above methods do not help you get your money back, then you need to send an application to the arbitration court. Evidence of translation must be attached to the application. These include documents confirming the error. There must also be a letter that was sent to the bank.

To make the procedure easier, you need to pay special attention to writing the letter. In this case, there should be no problems with the return.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.