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If you have transferred money to an incorrect account number, the recipient is in principle obliged to repay it: this constitutes an undue payment (Article 6:203 of the Dutch Civil Code). If the recipient does not cooperate, you can reclaim the money through your bank and, if necessary, through the courts.
Undue payment
If you accidentally transfer money to the wrong account, the recipient has received it without legal grounds. This constitutes an undue payment (Article 6:203 of the Dutch Civil Code): the recipient is obliged to repay the amount. Therefore, he may not keep it, even if it arrived 'out of the blue'.
Step 1: Contact your bank
Report the error to your bank as soon as possible. Banks often have a recovery or mediation procedure: they contact the recipient (or their bank) with a request to refund the amount. The sooner you do this, the greater the chance that the money can still be recovered.
Step 2: reclaim it yourself
If the recipient does not cooperate — sometimes someone hides behind privacy rules or refuses to pay — you can recover the amount yourself. Send a formal demand letter and, if that does not help, engage a lawyer. Under certain conditions, the bank can provide the information necessary to contact the recipient.
Prevent errors and keep evidence
Check account numbers (and preferably the account holder's name) before you pay. If things do go wrong, keep the proof of payment and your correspondence. You will need this proof to demonstrate the overpayment and reclaim it.
Frequently Asked Questions
Does the recipient have to give my money back?
Yes, in principle: this constitutes an undue payment (Article 6:203 of the Dutch Civil Code), and the recipient is obliged to repay it.
What is my first step?
Report the error to your bank immediately and request a recovery or mediation procedure.
What if the recipient does not cooperate?
In that case, you can recover the funds yourself by sending a formal demand and, if necessary, through the courts, possibly using information provided by the bank under certain conditions.
Reclaim money?
Our legal experts draft a demand letter and recover the amount, via collection. View our contract lawteam or schedule a free consultation.
