Have to pay it back, they'll understand it was a mistake that you cashed it. Still have to give it back tho
it. i did end up having to pay 4.95 to my bank for the insurance company stopping the check and i cpould get it back but i am so sick of Geico that I won't waste any more energy on their rank bs.
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What can happen if I already cashed the check?Odd that you would spend their $267.00 and also your amount in the bank that was to cover insurance payment and not be aware you had $267.00 dollars too much? Poor stewardship.
So I would pay it guickly before they press criminal charges-
and they can.
you could call their bluff -- they would have to take you to court to get the money and 267.00 might not be worth their time. legally you would owe them the money though. if you live in the united states the odds are already stacked up in favor of corporations and not in favor of you.What can happen if I already cashed the check?
If you took money that was not meant for you to have, you owe it back, period. It is a big stretch to say they cant prove you took the money %26amp; that you dont owe it back when you obviously cashed the check. All they will need to do is show the stop payment you put on your check, and the clearing of thier check to prove you have the money, %26amp; need to give it back.
And you knew you had extra. If you stoped payment on your check, %26amp; spent the money, %26amp; got a check from them %26amp; spent the money, you knew you had some extra there. All it will show is that you are poor in math %26amp; character if you try to fight it. Just send them the money back. They will take a payment plan.
Legally they cant come after you for a mistake they made. You are not legally bound or obligated to return this money, unless its from the government, then you better start another job. Otherwise tell them its to late, you already cashed it and to a: stop calling you about it, or b: you will set a a payment arrangement to pay it back asap. Its really your call call whether to pay this back or not.....
Good luck with your dilemma....
P.S. I read many posts on here about them taking you to small claims court. They can not, take you to small claims court, nor can they take legal action against you. You did not sign a legal binding contract, this was sent in there error, and it is their loss. You can look in your phone book for a local attorney, many will do free phone consults, this may be your best source for answers due to the many conflicting answers here.
You owe them the money. Pay it.
You should definitely find a way to pay it back, as Insurance companies do employ debt collectors in this situation.
they cant take it back....and there is no legal action that they can take....what are the paper works to back up their claim that you owe them money? they can never win in a court of law....nor will they take you to court for a couple of dollars....no debt collector will accept that case....and even if they did...they cant win....when someone says that you owe them money..they have to give proof...in this situation, there is no proof..and also..even if a judge knew that you cashed the check and used it....he has no legal jurisdiction to tell you to give it back...so therefore, you win....you can only lose if you owe...and in this situation, you dont owe....they are bluffing you....as all insurance companies do...
Now if you don't pay it back, they send it to collections and eventually small claims court, until they get the $$.
I'd pay it back as quickly as possible, as stopping payment on the check *might* be a prosecutable action in your state, as check fraud.
Now what? Send them a check for $267.00 You spent the money in error. There may be as you say 'nothing left to return' from the actual check that they sent you, but you do have some sort of income don't you??? You owe them the money plain and simple and they do not care how you get it as long as they get their money back. The party is over, you didn't get away with keeping the money so pay it back or they will get it from you. They will consider it worth their time to collect 267.00 and that is why they have collection agencies and lawyers on their payroll. It really isn't worth selling your soul and being so dishonest over a lousy $267.00.
The onus is on the insurance company to correct the mistake, but really it won't be that hard for them to do and they may not have to take you to court to do it.
All they have to do is call your bank and dispute the transaction. The bank will launch an "investigation," and in about 2 to 3 months you may get a letter from the bank announcing that $267.00 will be debted from your account.
If they don't want to go through your bank, they can simply keep sending you letters that you owe them money and eventually they will send you to collections and it will show up on your credit report.
To avoid all this, I'd call up the company and try to work something out.
Or take your chances. Up to you.
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