When money is sent to the wrong account, there are two ways to get it back: immediate notification to the bank and judicial process.
First Step: Notification to the Bank
- Call the bank you sent it to immediately
- Notify that "the transfer was made to the wrong account"
- The bank informs the receiving bank
- The receiving bank gets approval from the account holder
- If approved, the money will be returned in 1-3 days.
If the Buyer Refuses - Unjust Enrichment
A lawsuit for unjust enrichment is filed within the scope of Article 77 of the Turkish Code of Commerce:
- Civil Court of First Instance
- Expert (bank records)
- Interest: from the notification
Penal Dimension
If the buyer uses the money intentionally TCK Article 155 is a crime of abuse of trust. A criminal complaint may be filed.
Bank Liability
The bank alone cannot reverse transfers resulting from user error. However, he is responsible if it is caused by his own system error.
Supreme Court of Appeals HGK
HGK accepts that the malicious person who withholds unjust enrichment must return with all interest, and additional compensation may be paid in case of proof of bad faith.
Law of obligations lawyer is recommended.