Blog Jurídico
Transferred Money to the Wrong Bank Account?
4 min read
Updated
If you transferred money to the wrong bank account, you made an undue payment. The recipient is legally obliged to return the money. The bank, in principle, does not get involved. First, you can send a payment request. If that doesn't work, you can send a formal notice or demand. And if you still can't, unfortunately, you will have to go to court.
Money to the Wrong Bank Account
It can happen that you mistakenly transfer money to the wrong bank account. For example, by entering an incorrect IBAN number or making a duplicate payment. If the bank account does not exist, the bank will usually return the amount automatically within a few days.
Recovering the money is not a problem if the recipient voluntarily returns the amount. However, it may happen that you cannot get the money back easily. A payment to the wrong account means you made an undue payment. The payer has the right to demand the return of the unduly paid amount from the recipient. This is provided for in Article 6:203 of the Civil Code. The recipient is legally obliged to return the money. However, the bank is not obliged to recover or pay the incorrectly transferred amount.
Getting your money back may require effort if the recipient does not voluntarily return it. You will have to seek the return yourself. You can hire a collection agency or specialized company, but you can also do it yourself. What can you do to recover the money? See our action plan below.
Step 1: Identify the Recipient
The first thing you need to know is who to ask for the return. This is easy if you know the recipient. If you don't know, try to obtain the contact details through your bank or the recipient's bank. Sometimes banks help with this.
Step 2: Request the Return
If you know who the recipient is, have their address, and want to make an official request for return, download our template letter.
You don't always need the recipient's contact details initially. You can also send a payment request directly to the account number where you mistakenly transferred the money. Make a payment request or transfer a small amount (like a cent). In the description of the payment request or transfer, explain that the amount was transferred by mistake and request the return.
Step 3: Demand the Return or Send Formal Notice
If the recipient does not return the money at your request or the bank's request, it is time to demand the return. For example, with a formal notice.
Undue Payment Letter
Request
€ 0.00 without VAT
To send a formal notice, you need to know who to send it to. Therefore, you need the recipient's contact details. This is easy if you know the recipient. If you don't know, it becomes more complicated. Often, your bank will ask the recipient's bank for the contact details and request the return. If this does not result in a return, the bank may provide the contact details.
Contact your bank to see how to obtain the contact details. Sometimes banks also act as intermediaries at an earlier stage.
Step 4: Go to Court or Police
If a formal notice does not help and you still want to receive your money, you will need a stronger pressure measure. A lawsuit or the notification of a lawsuit is one of these measures. With a lawsuit, you demand that the court orders the return of the undue payment. If the amount you are demanding back is less than €25,000, you can conduct the process yourself, without a lawyer, in small claims court.
You must consider whether the costs you will incur still justify the amount you are demanding back. For example, if you mistakenly transferred less than €500, after deducting all the process costs, you may be left with little or nothing.
And with a court conviction, you are still not guaranteed. If you still do not receive the payment, you will have to hire a bailiff. This person can seize, for example, the bank account or other assets of the recipient. This way, you can recover your money. An alternative to the process is to file a complaint with the police.
Tip: Check the Transfer
When transferring money, pay attention to the account number you are sending to. In many digital banking apps, you receive a warning if the IBAN number and the name you entered are different from the data the bank has. Therefore, pay attention and carefully check to whom and how much you are transferring. The action plan shows that, in this case, prevention is better than cure.
Download our template letter
Money to the Wrong Bank Account
It can happen that you mistakenly transfer money to the wrong bank account. For example, by entering an incorrect IBAN number or making a duplicate payment. If the bank account does not exist, the bank will usually return the amount automatically within a few days.
Recovering the money is not a problem if the recipient voluntarily returns the amount. However, it may happen that you cannot get the money back easily. A payment to the wrong account means you made an undue payment. The payer has the right to demand the return of the unduly paid amount from the recipient. This is provided for in Article 6:203 of the Civil Code. The recipient is legally obliged to return the money. However, the bank is not obliged to recover or pay the incorrectly transferred amount.
Getting your money back may require effort if the recipient does not voluntarily return it. You will have to seek the return yourself. You can hire a collection agency or specialized company, but you can also do it yourself. What can you do to recover the money? See our action plan below.
Step 1: Identify the Recipient
The first thing you need to know is who to ask for the return. This is easy if you know the recipient. If you don't know, try to obtain the contact details through your bank or the recipient's bank. Sometimes banks help with this.
Step 2: Request the Return
If you know who the recipient is, have their address, and want to make an official request for return, download our template letter.
You don't always need the recipient's contact details initially. You can also send a payment request directly to the account number where you mistakenly transferred the money. Make a payment request or transfer a small amount (like a cent). In the description of the payment request or transfer, explain that the amount was transferred by mistake and request the return.
Step 3: Demand the Return or Send Formal Notice
If the recipient does not return the money at your request or the bank's request, it is time to demand the return. For example, with a formal notice.
Undue Payment Letter
Request
€ 0.00 without VAT
To send a formal notice, you need to know who to send it to. Therefore, you need the recipient's contact details. This is easy if you know the recipient. If you don't know, it becomes more complicated. Often, your bank will ask the recipient's bank for the contact details and request the return. If this does not result in a return, the bank may provide the contact details.
Contact your bank to see how to obtain the contact details. Sometimes banks also act as intermediaries at an earlier stage.
Step 4: Go to Court or Police
If a formal notice does not help and you still want to receive your money, you will need a stronger pressure measure. A lawsuit or the notification of a lawsuit is one of these measures. With a lawsuit, you demand that the court orders the return of the undue payment. If the amount you are demanding back is less than €25,000, you can conduct the process yourself, without a lawyer, in small claims court.
You must consider whether the costs you will incur still justify the amount you are demanding back. For example, if you mistakenly transferred less than €500, after deducting all the process costs, you may be left with little or nothing.
And with a court conviction, you are still not guaranteed. If you still do not receive the payment, you will have to hire a bailiff. This person can seize, for example, the bank account or other assets of the recipient. This way, you can recover your money. An alternative to the process is to file a complaint with the police.
Tip: Check the Transfer
When transferring money, pay attention to the account number you are sending to. In many digital banking apps, you receive a warning if the IBAN number and the name you entered are different from the data the bank has. Therefore, pay attention and carefully check to whom and how much you are transferring. The action plan shows that, in this case, prevention is better than cure.
Download our template letter
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