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Are we liable for payment?

Rancho Cordova, CA |

My wife paid for a IUD at a doctors office with our credit card. A year later the doctors office phoned her and said they made an error and credited her credit card the $900 she paid for the device. Now 3 months later they are after her to repay them. Are we liable for payment?

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Filed under: Credit Filing a lawsuit
Attorney answers 2

Best Answer

People make honest mistakes sometimes. If the doctor's office provided an agreed service for an agreed price, then they are due the agreed payment. If they reimbursed your wife in error, then pay it back.

If you over-paid, wouldn't you expect them to refund the overpayment? Of course.

This is not litigation Lotto. You shouldn't keep the money they accidentally refunded.

Have a nice day.

Answers to questions are for general purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting an experience bankruptcy attorney in your area and providing ALL relevant information.


If the refund was an error, why would you be entitled to keep it? The medical office provided a service and they should be paid for that service. You are not entitled to be unjustly enriched because of an honest error.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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