§ 9-11-107.Form of complaint for money paid by mistake

Not every debt-collection claim rests on an agreement. This form covers money that moved from plaintiff to defendant by mistake — a misdirected payment, a miscalculated transfer, an overpayment — where the defendant received funds it was never entitled to and has not given them back.

The complaint states the date of the mistaken payment, then instructs the drafter to “state the circumstances with particularity” rather than in the general terms this article’s other forms allow. That instruction is not decorative — it reflects the Civil Practice Act’s separate rule requiring certain matters, mistake among them, to be pleaded in more factual detail than the ordinary short and plain statement.

The closing demand follows the article’s common pattern: the sum paid, interest, costs, and attorney fees where applicable. Because the claim does not rest on any contract between the parties, the plaintiff’s recovery theory depends entirely on showing how and why the mistaken payment happened — which is exactly what the particularity instruction is there to draw out.