How To Prove A Texas Money Had and Received Claim

 

 

In Texas, 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 plaintiff paid money to the defendant, either by mistake or fraud. In a Money Had and Received claim, the plaintiff is someone who accidentally or wrongly paid money to the defendant, believing it was owed, and now seeks to get that money back because it was not rightfully theirs to keep.
  

  Facts that might support this element look like:

  * The plaintiff transferred $5,000 to the defendant’s account believing it was for a legitimate service that was never rendered.
  * The defendant misrepresented their qualifications, leading the plaintiff to pay for a service that was not provided.
  * The plaintiff discovered that the payment made to the defendant was based on false information regarding the product’s availability.
  * The defendant failed to deliver the goods after receiving payment, despite assuring the plaintiff of timely delivery.
  * The plaintiff’s bank records show a transaction to the defendant’s account labeled as a payment for services that were never performed.

• Element 2. That money, in equity or good conscience, belongs to the plaintiff. This means that the money in question rightfully belongs to the plaintiff because it was either given to the defendant by mistake or should not have been kept by them, making it fair and just for the plaintiff to get it back.
  

  Facts that might support this element look like:

  * The plaintiff provided services to the defendant, who agreed to pay for those services but failed to do so.
  * The defendant received a payment from a third party intended for the plaintiff but did not forward the funds as required.
  * The plaintiff incurred expenses based on the defendant’s promise to pay, creating an expectation of reimbursement.
  * The defendant has no legal claim to the funds received, as they were meant for the plaintiff’s benefit.
  * The plaintiff has made multiple requests for the return of the funds, but the defendant has refused to comply.

• Element 3. The defendant has not returned the money. The defendant has not given back the money they were supposed to return, which is a key part of a Money Had and Received claim, showing that they still owe the money to the person who rightfully deserves it.
  

  Facts that might support this element look like:

  * The defendant received a payment of $5,000 from the plaintiff on January 15, 2023, for services that were never rendered.
  * Despite multiple requests for a refund, the defendant has failed to respond or return the funds to the plaintiff.
  * The defendant acknowledged the receipt of the payment in an email dated January 20, 2023, but has not initiated any refund process.
  * The plaintiff provided evidence of the transaction, including bank statements and invoices, confirming the amount owed to them.
  * As of the date of this complaint, the defendant has not made any effort to return the money to the plaintiff.

^{(See Greer v. White Oak State Bank, 673 SW 2d 326 – Tex: Court of Appeals, 6th Dist. 1984.)}
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 TX Money Had and Received Claim

U.S. Civil Cases Only