Employer claims to have overpaid final check...What to do

[SPIKER]

I'm thinking if they did not catch it within 90 days in Ohio they may be out of luck. No billing , invoices or anything else and you said a year ago now so I'm leaning to the let it be if they keep calling or letters toss em...

Mark

 

[murphy1244]

Say she does send the money back, now she has to amend her Taxes? Forget about it and don't call them any more.

 

[Coyote machine]

I would NOT ask for any more from them. They're hoping you're foolish enough to bite and give them money back from over a year ago?! HA!:confused2: That's funny. If anything call the state's attorney generals office and inquire as to what their and your recourse is in the meantime. I wouldn't cut up any credit cards, it only hurts your credit rating, and if you end up having an emergency or whatever you may need the card to get by. Plus with a child on the way it's always good to have a card to punch if needed.
Don't let them worry you, they're fishing to recoup losses which will be written off after some flogging of current employees who screwed up. If they send a certified letter then deal with it WHEN it arrives.

I'm not a lawyer, and so what.

 

[Rayster]

I'm thinking if they did not catch it within 90 days in Ohio they may be out of luck. No billing , invoices or anything else and you said a year ago now so I'm leaning to the let it be if they keep calling or letters toss em...

Mark

Yeah, I am curious on the statute of limitations as well. The cost of research, gather evidence, then the attorney fees and the cost to file (as previously stated). Is really not worth that company pursuing. Smart companies cut their losses, take the tax write off and move on.

Perhaps a call to an attorney, would be a good move so you know where you stand.

 

[bcp]

I'm not a lawyer, and so what.

When someone mentions lawyers, I remember that most politicians are lawyers. Look at how much knowledge and wisdom they exhibit.

Bruce

 

[Depmandog]

I am not a lawyer, and it's been a while since I stayed at a Holiday Inn Express...

It's true every state is different concerning employment law. Statue of limitations are fairly long as in multiple years. From what I recall 2-4 years, some states longer.

I am positive the employer is well with their rights to demand repayment. Unless protected by collective bargaining - the employee / employer relationship is a contract - written or not. If your wife was shorted pay - she would have a legal right and recourse to collect what was due her. The opposite is also true. The employer has the right to demand repayment on their end...even if it was a mistake on their end.

Additionally, some states allow for automated withdrawal of over payed funds. For instance one week they deposit too much, they can withhold or withdraw the over payment the next week. Sometimes this only applies to current employees, some states have limits as to how much percentage wise can be withheld / withdrawn. Just curious - have you changed accounts since or does Chase have your banking info?

My point - you are getting lots of advice, but none (probably) takes into account your state specific laws. Could Chase take back their money out of your account? I don't know the answer to that (I don't know your state laws). But that would be a concern, or a question that demands an answer.

Most states don't allow for interest accrual unless some form of fraud is involved - so that's a positive.

If things like this "bother" you, and you want to get it resolved "just because", I would guess they would settle for 25%.

 

[Midniteoyl]

New fed law says that if the bank gets a request to withhold funds for collections, they must give you at least 3 business days warning and the requesting party must show proof and wait that 3 days. If you're only funds are from exempt source (Disability Compensation, say) then the bank is to deny the request. If you have a co-mingled account (exempt and non-exempt funds), the bank is to inform the collectors the amount of both, if known, and only that portion that is non-exempt can be withdrawn. In some states, the husbands and wifes debts are considered separate from each other, and if the only non-exempt funds are from the party NOT in collections, they cannot withdrawal it. IN EITHER CASE, you can go to court and request an immediate hearing to show hardship and request a stay on the withdrawal.

 

[Coyote machine]

When someone mentions lawyers, I remember that most politicians are lawyers. Look at how much knowledge and wisdom they exhibit.

Bruce

Significantly less than the public brain trust that keeps electing them into office!*
BTW, if you're going to quote me at least give me credit for what I said, or I'll have to sue you!:shocked::laughing:

* Some slack for the fact that there is not much to choose from...............

 

[LD1]

Bank account has changed since then. So no, chase doesnt have authorization to access to new acount.

And I have never heard of a collections agency being able to call YOUR bank and hold funds. At least not with out a court order and/or judgment.

A collections agency is just a middle man. Someone says they owe you money. You disagree. They send you to collections, collections requests money. You disagree and feel you dont owe. Collections sends claim back says they couldnt collect money, nothing we can do....

 

[Midniteoyl]

Bank account has changed since then. So no, chase doesnt have authorization to access to new acount.

And I have never heard of a collections agency being able to call YOUR bank and hold funds. At least not with out a court order and/or judgment.

A collections agency is just a middle man. Someone says they owe you money. You disagree. They send you to collections, collections requests money. You disagree and feel you dont owe. Collections sends claim back says they couldnt collect money, nothing we can do....

Two types of collecting - the ones you describe, and the ones who buy the debt hoping to collect on it later. The guys who are rude on the phone, call you 10x a day, offer deals 'if you pay right now', etc are the ones who bought the debt.

As for the bank funds, in most states, at the very least, they can but a 'hold' on your funds until allowed to pull them. In other states, they simply have to show proof to the bank and they can pull them.