What to Do If You Accidentally Transfer Money to the Wrong Account and It Gets Withdrawn?
Article 579 of the Civil Code 2015 stipulates: A person who possesses or uses the property of another without legal grounds must return it to the owner or the party with other rights to the property; if the owner or the party with other rights to the property cannot be found, it must be handed over to the competent state authority, unless otherwise provided for in Article 236 of this Code.
In your case, since the Payment Order has been executed and the beneficiary has withdrawn the money from the account, it will be handled according to the provisions at Point b, Clause 3, Article 36 of Circular 23/2010/TT-NHNN:
+ In case the customer's account has sufficient balance: Based on the Request for Refund of the Payment Order, create an outgoing Payment Order to return the excess transferred amount to the order initiating unit...
+ In case the customer's account does not have sufficient balance for recovery, the receiving unit shall record in the Register for Unfulfilled Request for Refund of the Payment Order and request the customer to deposit money into the account to fulfill this refund request. When the customer deposits the required amount, the accountant notes the clearance from the Register for Unfulfilled Request for Refund of the Payment Order, creates a Payment Order, sends it to the order initiating unit, and accounts as instructed above;
+ In case the customer is unable to pay or an unidentified transient customer cannot be located, the receiving unit must cooperate with local authorities and law enforcement agencies such as the police, court, etc., to find every means to recover the money. After all recovery measures have been applied and the recovery is not possible or not complete, the receiving unit may refuse the Request for Refund of the Payment Order; prepare a Notice of Refusal of the Request for Refund of the Payment Order, stating the reason for refusal along with the amount recovered (if any); send it back to the order initiating unit and note the clearance from the Register for Unfulfilled Request for Refund of the Payment Order.
Thus, according to your account, the recipient of the mistaken transfer has withdrawn the money from the account and cannot be contacted, if the other account does not have sufficient funds for recovery, your bank may request the bank holding the account that received the erroneous transfer to provide the account holder’s information to initiate a lawsuit to demand the return of the mistakenly transferred amount.
Furthermore, the account holder of the mistaken transfer has committed illegal possession of property. If the misappropriated property is valued at 10 million VND or more, prosecution is possible under Article 176 of the Criminal Code 2015 for Illegal Possession of Property.
Respectfully!
