The CliQ instant-payment service has made transferring money in Jordan faster and easier, allowing users to move funds between bank accounts and electronic wallets using mobile banking applications. But the convenience of instant transfers also creates a simple risk: what happens when money is accidentally sent to the wrong person?

 

A mistaken transfer can occur when the sender selects the wrong phone number or alias. The first step should always be to resolve the matter amicably. The recipient who discovers that money has been transferred to them by mistake should contact their bank or electronic-wallet provider and arrange for the money to be returned. If the funds have not yet reached the recipient's account, the sender can ask their bank to contact the recipient's bank or wallet provider and request cancellation. Once the money has been credited to the recipient's account, however, the bank generally cannot withdraw it without the recipient's consent.

 

If the recipient refuses to return the money, the matter may become a legal one. Jordan's Penal Code of 1960 and Cybercrime Law of 2023 do not contain a provision specifically addressing mistaken CliQ transfers. Nevertheless, Article 424 of the Penal Code may be relevant. It deals with what is commonly known as the concealment of lost property and provides for imprisonment of up to six months or a fine of up to 50 dinars where a person knowingly keeps movable property that came into their possession because of an owner's mistake and refuses to return it.

 

The fact that the transfer took place electronically does not necessarily change the legal position. CliQ transactions are carried out through banking applications, electronic banking systems and digital wallets. Article 26 of the Cybercrime Law provides that where an offense punishable under another law is committed using information technology or an information network, the penalty prescribed for that underlying offense may apply. Thus, the electronic nature of the transaction can bring the Cybercrime Law into consideration without creating a separate offense specifically called an "accidental CliQ transfer."

 

The criminal penalty, however, does not by itself guarantee that the sender will recover the money. This is particularly important where the transferred amount is much larger than the possible fine. For that reason, the injured sender may also seek recovery of the money through the criminal proceedings.

 

Article 55 of the Criminal Procedure Law No. 9 of 1961 allows a person harmed by a felony or misdemeanor to bring a claim as a civil claimant before the Public Prosecutor or competent court. Accordingly, the sender may, where the legal requirements are satisfied, claim the transferred amount as part of the criminal case, together with applicable expenses and any attorneys' fees awarded by the court. A judgment in the sender's favour can then be enforced through the Enforcement Department in accordance with the law.

 

Even if the criminal case can no longer proceed—for example, because of the applicable limitation period—the sender may still have a civil remedy. Under the unjust-enrichment provisions of Jordan's Civil Code of 1976, Article 293 establishes the principle that a person may not take another's property without a legitimate legal basis and must return it if they do. Article 294 likewise addresses money acquired without a legally valid basis, while Article 300 allows the court to order a person who has received something without legal entitlement to return it to its rightful owner and, in appropriate circumstances, to account for related benefits or profits.

 

The sender may therefore bring a civil claim against the recipient on the basis that there was no legitimate reason for retaining the money. The recipient may be required to demonstrate a lawful basis for keeping it; failing that, the court may order its return.

 

Time limits are important. Under Article 311 of the Civil Code, the claim is generally subject to a three-year period from the date on which the owner becomes aware of their right to seek recovery, while in all circumstances the action is not heard after 15 years from the date on which the right arose.

 

CliQ may be a modern payment system, but the legal principle is straightforward: receiving money by mistake does not make it yours. A recipient who discovers that money has been transferred to them accidentally should not treat the funds as their own. The safest course is to notify the bank or wallet provider and return the money. For senders, the best protection remains equally simple: check the recipient's details carefully before pressing "send." A few seconds of caution can prevent a lengthy banking dispute—and potentially a legal one.