REUTERS

Picture: Reuters/Ivan Alvarado

This is a follow-up to last week’s caution about transferring money into someone’s bank account via EFT by mistake.

I commented that as the bank would not raid the unintended recipient’s account and deposit the amount back into your account, you’re reliant on the recipient feeling morally obliged to return your money.

Not so, said Durban-based law professor Robin Palmer.

“Attempting to keep or use the money would amount to attempted theft or fraud, a case that would be easily proved,” he said.

“Alternatively, a civil vindication action, or urgent interdict, could be brought, with the ‘lucky’ recipient paying punitive court costs.

“Most attorneys would do this type of case on risk, as you really cannot lose,” Palmer said.

And what if the bank refuses to give you details of the recipient – their client?

“You may have to act against them first, if they don’t co-operate,” Palmer said, “but speed would be of the essence.”

So there you have it.

If you accidentally “gift” the wrong person, and they feel entitled to keep the money, find yourself a lawyer.