Success in a lawsuit related to undue payment

News / 23.03.2021

Our attorneys and legal advisors successfully represented a Client of our Law Firm who sought reimbursement of an unduly executed payment, made by the Client for an entity which, resulting from an assignment agreement, ceased to be a creditor.  In the relevant case, despite the fact that he received a related notification about the executed assignment of debt, our Client erroneously made a payment to the entity disposing of the debt rather than to the entity acquiring the debt. The entity acquiring the debt, in accordance with a court order issued against our Client, successfully carried out the enforcement procedure and regained the amounts specified in the said order. In these circumstances, our Client decided to sue the entity disposing of the debt and claim reimbursement of the amount paid to it. The court adjudicating in the case agreed with the arguments presented by our lawyers showing that the material gain obtained by the entity disposing of the debt at the time when it no longer was a debtor showed signs of unjust enrichment; this justifies a claim for refund of the payment which was made unduly. Owing to the quick and effective action taken by our lawyers, our Client received a court decision adjudicating a reimbursement of the undue payment, which was fully enforced for his benefit.