Spain court fines man for keeping mistaken €20 Bizum transfer

The costly €20 mistake: Spain courts convict recipient for not returning Bizum

At 19:42 on August 19, 2023, Ms. Florinda, a BBVA account holder, accidentally transferred €20 via Bizum to an unknown number. What seemed like a trivial incident became a judicial case that made headlines in economic press: the recipient kept the money instead of returning it. The courts responded swiftly.

The Benavente Court of First Instance nº 1 issued a ruling on February 10, 2025 (SAP ZA 145/2025), convicting the recipient for misappropriation. The outcome? He had to return the €20 but also cover legal fees, attorney costs, and a fine far exceeding the original amount. The obvious question arises: is it worth risking so much for €20?

Not fraud, but risky: the danger of keeping a wrong Bizum

Debate over the case is intense. Some argue keeping others' property, however small, is unacceptable. "You must be scum not to want to return it," summarizes one view. Others note that distrust is logical amid widespread scams. "With so many frauds, I would distrust everything. Let them cry to the bank or judge," they argue.

The underlying issue is that the Bizum system, despite its convenience, allows room for error. When mistakes happen, recipients face a dilemma: return directly, risking being victims of fake refund requests, or contact the bank. In this case, the accused did nothing, and justice interpreted his silence as misappropriation.

The economic calculation is devastating. Legal process costs—lawyers, procurators, fees—can skyrocket to hundreds or even thousands if appealed. "Recovering those €20 cost taxpayers thousands," one analysis jokes. But the convicted paid more than just the €20: he covered costs and a fine that, according to industry sources, can reach €180 in plea deals, or much more if litigated.

Justice paradox: minor crimes, disproportionate costs

The case reopens a recurring debate: disproportion between damage caused and repair costs. While a pickpocket stealing €400 might avoid trial without a complaint, here a trivial sum mobilized the entire judicial apparatus. "Why should I, living a quiet life, handle your incompetence?" complains those who see others' errors as burdens.

However, the ruling leaves no doubt: the legal system does not distinguish between €20 and €20,000 regarding misappropriation. Article 254 of the Penal Code punishes those who "misappropriate another's money or movable property" without intent to return it. Jurisprudence is clear: sender error does not exempt recipient from restitution obligation.

What to do if you receive a wrong Bizum?

Experts are unanimous: never return money directly through the app if requested by the sender. The correct procedure is contacting your bank and reporting the improper transfer. The bank will initiate cancellation without your involvement. Otherwise, you risk falling into a scam or, as here, facing legal proceedings for lack of diligence.

Surprising data: according to an economic forum, tens of thousands of erroneous Bizums occur annually in Spain. Most resolve with a bank call. But some, like this, end up in court. The societal cost—and financial hit to the recipient—is infinitely greater than the disputed €20. The lesson is simple: if you get an unexpected Bizum, don't keep it. Call the bank. Or prepare your wallet for more than coffee.