How To Prove A Florida Money Had and Received Claim

 

 

In Florida, a claim of Money Had and Received is defined as:

Money had and received is an action by which the plaintiff could recover money paid to the defendant where the money had been paid by mistake, under compulsion, or consideration was insufficient.

It simply means:

A lawsuit by which the plaintiff could recover money paid to the defendant.

There are 3 elements of the claim:

• Element 1. The defendant received money from the plaintiff. In a Money Had and Received claim, the defendant is accused of taking money from the plaintiff, meaning the plaintiff gave the defendant money that they believe should be returned or was not rightfully kept.
  

  Facts that might support this element look like:

  * The defendant received a payment of $1,000 from the plaintiff on March 15, 2023, for services rendered.
  * The defendant acknowledged receipt of funds in an email dated April 1, 2023, confirming the transaction.
  * The plaintiff provided bank statements showing a transfer of $500 to the defendant’s account on February 10, 2023.
  * The defendant issued a receipt to the plaintiff for a payment of $750 on January 5, 2023, for goods sold.
  * The defendant’s accounting records reflect multiple transactions where the plaintiff’s payments were recorded as income.

• Element 2. The defendant received the money erroneously. This could be due to a mistake, fraud, lack of consideration, or some other circumstance. In a Money Had and Received claim, the defendant must have received money by mistake, fraud, or without proper reason, meaning they shouldn’t have kept it because it wasn’t rightfully theirs.
  

  Facts that might support this element look like:

  * The defendant received a payment intended for a different party due to a clerical error in the transaction process.
  * The defendant was unaware that the funds were transferred as a result of fraudulent activity perpetrated by a third party.
  * The defendant did not provide any goods or services in exchange for the money received, indicating a lack of consideration.
  * The defendant promptly notified the sender of the erroneous payment upon realizing the mistake, demonstrating good faith.
  * The payment was made under a misunderstanding of the terms of the agreement, which the defendant believed to be different.

• Element 3. An injustice would occur if the money were not refunded. An injustice happens when someone unfairly keeps money that rightfully belongs to another person, meaning if the money isn’t returned, it creates an unfair situation where one person benefits at the expense of another.
  

  Facts that might support this element look like:

  * The plaintiff relied on the defendant’s promise and made a payment, believing it was for a legitimate service that was never rendered.
  * The defendant has since refused to return the funds, despite acknowledging the payment was made in error.
  * The plaintiff is experiencing financial hardship due to the loss of this money, which was intended for essential expenses.
  * The defendant has unjustly benefited from the plaintiff’s payment without providing any corresponding value or service.
  * If the funds are not refunded, the plaintiff will suffer irreparable harm, as they cannot afford to lose this amount.

^{(See Florida Standard Jury Instructions 416.40. Payne v. Humana Hosp. Orange Park, 661 So. 2d 1239, 1240 (Fla. 1st DCA 1995). Moore Handley, Inc. v. Major Realty Corp., 340 So. 2d 1238, 1239 (Fla. 4th DCA 1976).)}
If you’re representing yourself in court and plan to assert a Claim of Money Had and Received, it’s essential to have a solid strategy. With a Personal Practice of Law at Courtroom5, you’ll be equipped to decide what to file at each phase of your case and prepare legal documents supported by thorough legal research and strong analysis of the facts. This preparation is crucial for effectively presenting your claim and achieving a favorable outcome.

Prove Your FL Money Had and Received Claim

U.S. Civil Cases Only