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trHow can money mistakenly transferred from one bank card to another be recovered? — EXPLANATION
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How can money mistakenly transferred from one bank card to another be recovered? — EXPLANATION
With the widespread use of digital banking services, card-to-card money transfers have increased significantly. At the same time, mistaken transfers have become an increasingly common issue. Is it possible to recover money sent by mistake? What does the law say in such cases?
According to reports, lawyer Amid Asgarov explained the legal position.
He stated that money mistakenly transferred from one bank card to another can be recovered, although the process may take some time depending on the circumstances.
"The first step is for the sender to notify the bank about the mistaken transfer. The bank will then contact the recipient, explain that the transfer was made in error, and request that the funds be returned. If the recipient agrees, the matter can be resolved quickly."
He noted that problems arise when the recipient refuses to return the money. In such cases, the only legal remedy is to file a court claim seeking recovery of the funds.
"The main difficulty is obtaining information about the person who mistakenly received the money. Since this information is protected by bank secrecy rules, the bank will not disclose it to the sender. Therefore, the sender must first apply to the court to obtain the necessary information and then file a claim against the person who has been unjustly enriched."
He also emphasized that a person who mistakenly receives someone else's money is considered to have been unjustly enriched and is legally obliged to return the amount received.
"Under Article 1091.1 of the Civil Code of the Republic of Azerbaijan, a person is considered unjustly enriched if, without a legal basis, they acquire property at another person's expense."
Regardless of whether the recipient has already spent the money, they remain legally obligated to return the full amount.
With the widespread use of digital banking services, card-to-card money transfers have increased significantly. At the same time, mistaken transfers have become an increasingly common issue. Is it possible to recover money sent by mistake? What does the law say in such cases?
According to reports, lawyer Amid Asgarov explained the legal position.
He stated that money mistakenly transferred from one bank card to another can be recovered, although the process may take some time depending on the circumstances.
"The first step is for the sender to notify the bank about the mistaken transfer. The bank will then contact the recipient, explain that the transfer was made in error, and request that the funds be returned. If the recipient agrees, the matter can be resolved quickly."
He noted that problems arise when the recipient refuses to return the money. In such cases, the only legal remedy is to file a court claim seeking recovery of the funds.
"The main difficulty is obtaining information about the person who mistakenly received the money. Since this information is protected by bank secrecy rules, the bank will not disclose it to the sender. Therefore, the sender must first apply to the court to obtain the necessary information and then file a claim against the person who has been unjustly enriched."
He also emphasized that a person who mistakenly receives someone else's money is considered to have been unjustly enriched and is legally obliged to return the amount received.
"Under Article 1091.1 of the Civil Code of the Republic of Azerbaijan, a person is considered unjustly enriched if, without a legal basis, they acquire property at another person's expense."
Regardless of whether the recipient has already spent the money, they remain legally obligated to return the full amount.