Someones tax return was accidently deposited into my checking account by the preparer. I spent the money because i thought it. .

Asked over 1 year ago - Houston, TX

Was mine. Am i at fault? I cannot replace the money it was 7,000.

Attorney answers (6)

  1. Everett R. Buck

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . Even though this happened to you "accidentally", this is the kind of situation that can have difficult and even criminal repercussions, particularly since you already spent the money and cannot repay it. You need to have a confidential discussion with a tax attorney about the possible options and consequences of actions you may take to try to resolve this matter.

    This information is provided for educational purposes only, and is not to be relied upon as legal advice. You... more
  2. Dana Whitney Atchley

    Contributor Level 14

    8

    Lawyers agree

    Answered . Whether you're at fault or not, the money wasn't yours and therefore you must return it to its rightful owner. If the return preparer makes its client whole by paying the client for that money, then the preparer will be able to collect that money from you if you do not repay it.

    Keep in mind that there may be criminal consequences as well as civil consequences if you don't immediately contact the people involved and try to work out a way for you to repay the money.

    If you cannot repay the money in full, then I would strongly advise you to speak with an attorney who has criminal law experience and to not say anything more about this matter in public or online.

    My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not... more
  3. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues. You have to reimburse the person to whom it rightly belongs, or reimburse the preparer, who's insurance likely already paid a claim. Hire an attorney right away or you could be facing serious trouble.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  4. David B Pittman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The money was not rightfully yours to spend there could be many civil as well as criminal components to this. You need to repay it or hire a lawyer to defend you.

  5. Mansoor Hussain Ansari

    Contributor Level 8

    3

    Lawyers agree

    Answered . You are surely liable. Once the individual (that did not receive their return) files a police report, it will open you up to liability right away. Coming forward on your own would be the best thing. Start saving up some money.

  6. Alan Dean Tysinger

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You will definitely have to repay it. It is likely that a payment plan can be worked out. This is one of those cases where the longer you take to respond in good faith willingness to repay (even if you lack the current means to repay), the more likely it is that criminal charges or other penalties will make this situation much more difficult.

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