Short answer. A mistaken transfer to another person’s card or account does not automatically mean the money is lost. In Russia, a recipient who received money without a legal or contractual basis may have to return it as unjust enrichment. The result depends on the payment evidence, the recipient’s explanation and the facts assessed by the court.
Start with the payment record
Save the bank receipt, account statement, the date and amount, the recipient details that are visible to you, and any correspondence. Contact the bank promptly: it may be able to send a request to the recipient or explain its internal procedure. A completed transfer is not simply cancelled on demand, however, and the bank’s ability to disclose another customer’s data is limited by banking-secrecy rules.
Why an erroneous transfer may be recoverable
Article 1102 of the Civil Code of the Russian Federation provides for the return of property acquired or saved at another person’s expense without a legal basis. The rule may apply even where the transfer resulted from the payer’s own error. It does not eliminate the need to establish the relevant facts in a particular case.
The recipient may rely on a contract, repayment of an existing debt, a gift or another legal basis. The exceptions in Article 1109 are fact-specific; a voluntary transfer alone does not settle the dispute. The court considers the payment purpose, communications between the parties and all other available evidence.
Supreme Court approach
In its ruling of 2 February 2021, No. 21-KG20-9-K5, the Civil Chamber of the Supreme Court considered a dispute concerning an allegedly mistaken bank transfer. The Court explained that, once the claimant proves that the recipient obtained money at the claimant’s expense, the recipient must substantiate the legal basis for retaining it or circumstances excluding restitution. The Court sent the case back for renewed appellate consideration; it did not guarantee recovery in every mistaken-transfer dispute.
The ruling is an illustration of the allocation of proof in that case, not a substitute for examining the payment record and the parties’ actual relationship in another case.
Practical sequence
- Preserve the transaction evidence. Download a receipt and statement; record the date, amount and payment reference.
- Contact the bank. Ask what contact or recall procedure is available and keep the written response.
- Send a reasoned request to the recipient if their contact details are lawfully available. State the transaction details and request voluntary return. Keep proof of sending.
- Assess the legal basis and evidence. Check whether a real debt, contract or other relationship could explain the transfer.
- Consider a court claim if the money is not returned. The claim may concern unjust enrichment; statutory interest and legal costs depend on the facts and the applicable rules.
What a court will usually need to assess
| Question | Useful material |
|---|---|
| Did the payment reach the recipient? | Bank receipt, account statement and payment identifier |
| Was there a legal basis for the transfer? | Agreement, correspondence, invoices, repayment records or other explanations |
| What was done to seek return? | Bank correspondence, a written demand and delivery confirmation |
Official sources
- Official Internet Portal of Legal Information — current Civil Code text, including Articles 1102, 1107 and 1109.
- Supreme Court of the Russian Federation, ruling No. 21-KG20-9-K5.
Need help assessing the documents?
A lawyer can review the payment record, the available communications and the proposed claim before litigation. This is an assessment of documents and risks, not a promise that money will be recovered.