Belaphor
u/Belaphor
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Welcome to /r/GetMotivated! We're glad you made it. This is the subreddit that will help you finally get up and do what you *know* you need to do. It's the subreddit to give and receive motivation through pictures, videos, text, music, AMA's personal stories, and anything and everything that you find particularly motivating and/or inspiring. So browse around, ask questions, give advice, form/join a support group. But don't spend too much time here; you've got *better* things to do.
Definitely possible!
I suffered from some medical problems which were really pronounced though my late teens, ramped up through my twenties and I didn’t really get a handle on things till I was thirty. Things were so bad I got turfed from a number of high schools. Had sever agoraphobia for many years and probably didn’t leave the house for a solid four years in my twenties (two two-year periods). I worked periodically in food service throughout my twenties when I could and into my 30s.
I decided to go back to school and enrolled in university at 33. I put in the work and had left university with a double major, a wife and a three month old. I started law school at 38. I have now been practice law for over a year and a half am fortunate enough to make enough to support my wife, who has now returned to graduate studies herself, and two kids. It certainly hasn’t been easy, but nothing worth doing ever is.
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I’m not sure what your quoting, it would have been helpful if you provided the context in which he said it, because context matters…even the quote which you cite provides a suggestion that the situation being referenced is vastly different to this (it makes an analogy to a bank delivery truck spilling money which suggests someone will have ran off with it - probably not the same as what he was directly speaking of but an analogy that suggests a more active role than this situation)…but, again, I will state there is a difference between being civilly liable and guilty of a criminal offence. Of course OP wouldn’t be entitled to keep the money but the question is whether it is a crime or not, and you literally haven’t pointed to anything yet to say that it was a crime except for pointing to other situation which you assume are the same and saying those are crimes
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I mean, you don’t have to do anything. I think you are suffering from a problem with imprecise language and comprehension. Further, you just assert what you think isn’t enough to establish something is or is not a crime, thankfully. This isn’t like a case full of cash which the original person could point to and say that was their property. Digital money is not treated the same. Go back up a couple of replies and see where some of the nuances lay, or don’t literally no one is forcing you to engage here.
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To be fair I have not used Zelle before, but I understood from the other replies by OP that Zelle deposits the funds into you otherwise ordinary bank account. If that is the case, then I would continue to suggest that there is an issue due to commingling of funds and establishing criminal intent. Even if you say, well OP posted this question and this demonstrates some sort of intent, I think it can pretty easily be argued that this actually demonstrates that they were uncertain to the legality of the issue and this thread is certainly not determinative.
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Respectfully I would disagree that you would win a lawsuit initiated by the person who sent the money, as I have discussed in other responses to this post (see the law of unjust enrichment). That being said, I don’t think Zelle would have any liability because of the reasons you mentioned, but the receiver of the money would certainly be obligated to return it.
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I defiantly did not say it was fiction, just that your previous response suggested you would be providing case law - which provides more details and greater authority than an article. One of the fundamental problems I have with what you are suggesting is the values involved and the matter of Mens rea - like doesn’t there have to be an active intent to steal the money or use it unlawfully? Couple this with the fact that the funds are mixed with your own account what does the obligation become here? Can you not use any of the money in your account because someone else claims it was theirs? What if you transfer money between accounts - which money is the original transferors money? Maybe if someone runs off and spends 150k when they don’t have two Pennies to rub together that becomes less of a convincing argument but I think with 4000 it is an entirely different analysis.
Again, as I said, I am certainly am open to convincing but it would require an argument that address the legal issues and not just an anecdotal article.
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It’s understandable that you would have that perspective if you had negative experiences with the bank, but would you still say ignoring it would be the safest approach if things escalated to OP being sued over it?
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Sorry, when you said you were a proficient googler of laws and cases I thought this meant you would be providing case law. We have no idea of either the veracity of these stories or outcome in other cases. I am willing to accept that in certain circumstances a crime will have been made out but the facts are going to make a huge difference, and I’m not ready to just take the Irish Examiners word for it