A bank deposit that does not correspond to a sale, salary, loan, or refund can arrive in an account due to an error when entering the CLABE account number, card number, or beneficiary information. Although the balance appears available, the transaction may generate a claim from the sender and a process to recover the funds.
The situation changes depending on the origin of the transaction, the system used, and the behavior of the person who received the money. An accredited SPEI transfer does not work the same way as a pending transaction, a cash deposit, or a duplicate credit generated by a financial institution.
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Money received by mistake must be returned. Article 1883 of the Federal Civil Code establishes that anyone who receives something they had no right to demand and that was paid improperly due to an error has the obligation to return it. Spending the deposit does not eliminate this obligation or turn the funds into the property of the account holder who received them.
What the law says if you spend a deposit received by mistake
The Federal Civil Code regulates these cases within the chapter on unjust enrichment. Article 1882 states that a person who becomes enriched without cause at the expense of another must compensate them to the extent of the benefit obtained. This provision serves as a basis for claiming a payment that arrived in an account without there being a debt, contract, or other reason that justified the transfer.
The law also distinguishes between those who act in good faith and those who act in bad faith. Good faith may exist when the recipient does not know the origin of the deposit and believes it belongs to them. This condition may change once the bank, the sender, or another person informs them that the transfer was made by mistake.
Spending the money after knowing about the error can be used as evidence when analyzing the recipient’s conduct in a claim. Article 1884 establishes that anyone who accepts an improper payment in bad faith must pay legal interest when it involves capital, as well as the damages that may apply depending on the case.
This does not mean that every mistaken deposit automatically results in a criminal accusation. The obligation to return the money arises in the civil sphere, while any additional responsibility will depend on the facts, evidence, applicable laws, and the decision of the competent authority.
What CONDUSEF recommends when receiving money you do not recognize
The National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF) indicates that account holders should not use a deposit received by mistake. It also recommends contacting the bank and reviewing where the transaction came from, because using someone else’s funds may result in legal action.
In a publication dated November 3, 2021, CONDUSEF explained that the person who made an incorrect transfer should contact their bank once they identify the mistake. If the operation was interbank, the receiving institution must contact the beneficiary and wait for them to agree to return the amount.
The bank can help locate the transaction and facilitate communication between the parties, but not every transfer can be canceled unilaterally after it has already been credited. The procedure depends on the status of the payment and the rules of the system used.
Steps to report and return a mistaken deposit
- Do not spend, withdraw, or transfer the balance while the bank reviews the transaction.
- Contact your financial institution through its official app, phone line, or branch.
- Request a reference number and keep the date, time, and method of the report.
- Review the description, amount, issuing bank, and date of the transaction.
- Do not return the money to a different account without verifying it with your bank.
- Keep account statements, receipts, messages, and any instructions received.
- Request assistance from the Specialized User Assistance Unit or CONDUSEF if the bank does not resolve the case.
These measures help document that the account holder reported the deposit and avoided using the money while its origin was being identified. They also reduce the risk of becoming involved in a scam where someone requests a refund to a different account than the one that originally sent the payment.
Why the bank cannot always reverse a SPEI transfer
The Bank of Mexico states that SPEI transfers that have been settled and credited to the beneficiary’s account are final, irrevocable, and enforceable according to Circular 14/2017. Therefore, a person who sends money to the wrong account must contact their bank’s Specialized Unit or request guidance from CONDUSEF.
The irrevocable nature of a SPEI payment does not eliminate the civil obligation to return the funds. It means that the sender cannot simply press a button to cancel an already completed transfer and automatically recover the money. The bank may request the return of the funds, but the beneficiary must participate in the process, or the affected party will have to use available legal procedures.
The sender can obtain the Electronic Payment Receipt (CEP) to prove that the transfer was processed through SPEI. The Bank of Mexico indicates that this document includes the date, amount, participating institutions, beneficiary account, and tracking key.
Who must prove that the deposit occurred by mistake
Article 1891 of the Federal Civil Code establishes that whoever claims to have made the payment must prove it and also demonstrate the mistake, except in cases established by the law itself. For this reason, bank receipts, account statements, tracking keys, and communications with financial institutions may become part of a claim.
Receiving the deposit does not authorize someone to keep it. Anyone who detects money belonging to someone else in their account must keep it available, report it to the bank, and follow a documented process to return it. The specific application of the Federal Civil Code or the civil laws of each state will depend on the jurisdiction and circumstances of each case.
Source: proceso
