Invite you to watch a video on how to handle when a stranger transfers money to your account incorrectly, or how to handle if you accidentally transfer a wrong amount to a stranger:
We will divide into 2 cases, case 1 is that you receive money from strangers transferred into.
1. What to do when receiving money from strangers transferring money?
I myself also had strangers transfer money, after verification, I transferred it back to people. Usually when someone transfers into 2 will fall into 2 cases.
Where strangers transfer money to you actually not strangers, they may be acquaintances but transfer the wrong money for you because you are in the transfer list.
Of course whether an acquaintance or stranger transfers money to you, if it is a wrong transfer, you absolutely must not withdraw it to use.
According to the law, if the money is transferred to another person by mistake, the person will not lose his / her ownership, the money will be transferred to your account automatically and become your property, and if you do not transfer it, You are breaking the law.
If the wrong person is an acquaintance, you can verify with them and return it.
If the person who mistakenly transferred you is a complete stranger, you need to wait for the bank to contact you, or you can take the initiative to contact the bank about the wrong transaction.
After the bank has verified the wrong transfer, they will ask you to transfer the wrong amount of money to the other party, you can transfer it again.
A few things not to do if someone mistakenly passes them to you:
Do not return it to a stranger without a third party witness, do not transfer it to a different account the account was transferred to you (usually when receiving interbank money you will not know the sender’s account number) )
The fact that the witness does not transfer money to a strange account without a witness is to avoid the fact that after the transfer, you will be sued by the owner of the claim money. .
Excerpt from your post @ noridomi.bimbim
People should be aware of the scam by “intentionally misleading” the account. The scenario is as follows:
The fraudster (Temporarily referred to as L) is aware of the victim’s name, tk number and contact information (Temporarily called V, usually an online seller or online bank transfer account because of this information). The two previous trading parties have both grasped and the number of transactions is difficult to check and review).
Step 1: L will transfer a small amount to V account intentionally.
Step 2: L will impersonate a bank employee / wrong transferor / even the police call V to notify about the wrong transfer and return procedures.
Step 3: If V is not careful and traps, L will trick V to get online banking login information as well as OTP code sent to the phone, thus control V’s bank account and quickly withdraw money in TK and dispersed.
So if anyone passes it wrong to everyone, then calm down slowly to check if it is true they are strangers and not related to their work. After that, you will work with the bank (make sure that it is the switchboard number of the bank if you call or be sure to go directly to the bank branch to work in the case of bad law-related cases, there is evidence, witness, security camera, we have already made a refund attempt).
*** Absolutely not provide OTP code, username, bank password to anyone including themselves claiming to be relatives, friends, bank employees or police, they never need the information that news ***
You also must not spend this money on spending, nor should you ask for a refund when you return it to the wrong transferer as it could be accused of extortion.
2. What to do when you accidentally transfer money to another person?
In case of wrong money transfer, the headache is more difficult. After determining that you have transferred the wrong money, you need to calmly handle
Check the transaction to see if it has been transferred to an acquaintance or a stranger, maybe your transaction was transferred to an acquaintance, you can contact them and ask them to transfer it.
If it is more complicated to transfer to a stranger, you need to focus on important information, identification documents, mistaken transaction pictures, wrong account number, account number intended to be transferred, etc. nearest bank branch to request assistance.
You request assistance with the wrong transfer, and provide the information the bank needs
The bank will conduct verification, identify the recipient, contact the recipient and ask them to return it to you
The best case is that they pass it on to you, congratulations, so remember to be more careful!
Worse case when the other party refuses to transfer the money, you need to sue to get your money back by mistake:
According to Article 597, Civil Code 2015:
- Any person who possesses or uses another person’s property and determines that it is not their property must return it to the owner of such property. In case the owner cannot be found, the case must be handed over to the competent State agency for keeping and preserving. Except as provided in Article 236 of the 2015 Civil Code.
- Those who benefit from the property and determine that such property is not their property and at the same time cause the owner of such property damage, must return that benefit to the victim. Except as provided in Article 236 of the 2015 Civil Code.
- If there is an amount of money that is deposited into your account and is determined not to be the amount you are receiving, you must return it to the account owner who transferred it to you.
- Failure to comply with the above principle will mean that it is an act of failing to fulfill the obligation to return and this act is determined to be a violation of law and will be subject to administrative sanctions as prescribed. in Article 15 of Decree 167/2013 / ND-CP. Therefore, the act of refusing to return the wrongly transferred money amount shall be sanctioned with the following levels:
- In case of illegally using an amount which is known to have been wrongly transferred, a fine of between VND 1 million and VND 2 million will be imposed.
- In case of illegally occupying properties of other people but failing to return them to their owners, they will be imposed a fine of between VND 2 million and VND 5 million.
- If the possession or use of property of another person with all elements constituting a crime is still subject to penal liability examination for the crime:
Illegally seizing property of others is prescribed in Article 176, Criminal Code 2015 a person who knows that the property is not under his ownership but intentionally does not want to return it to the owner or legal manager or refuses to hand it over to a competent state authority. The value of such property is from VND 10 million to under VND 200 million while being requested to be reclaimed by that owner, legal manager or competent state agency. Money from 10 million to less than 50 million.
- Along with that is a non-custodial reform of up to 02 years or a form of imprisonment from 03 months to 02 years. If the value of the appropriated property is determined to be VND 200 million or more, the penalty will be from 1 year to 05 years.
- Unauthorized use of property of another person as defined in Article 177 of the 2015 Penal Code is for a person for self-seeking purposes, knowing that someone else’s property is being illegally used for personal benefit. have themselves had a personal value of between VND 100 million and VND 500 million, have been administratively sanctioned for this act, have been disciplined, or have been convicted of this crime but have not yet been deleted. criminal convictions but continue to commit violations, they will be imposed a fine of from VND 10 million to VND 50 million, imprisonment from 3 months to 2 years or subject to non-custodial reform for up to 2 years for with this crime.
- A fine of from VND 500 million to VND 1 billion will be imposed a fine of from VND 50 million to VND 100 million or face a penalty of 01 – 05 years imprisonment. For illegally used properties valued at VND 1 billion and over VND 500 million, the offenders shall be sentenced to between 3 years and 7 years of imprisonment.
I wish you happiness and wish you do not fall into the case of wrong money transfer, receive the wrong money.
Note: The article consults with the lawyer’s office that is supporting the law for his company. However, I am not responsible for any information errors.
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