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NEERFAN
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I recently resigned from my employer (November) after 9 1/2 years. Recently I have received a letter from the employees receivable department, stating that I was overpaid in March of 1998 by $352. I called and asked for proof of the overpayment, and they sent me a copy of what my pay stub would have looked like. Now the problem is, this check would have been my 2nd or 3rd check after my employment started, and at the time I made $8.50/ hour. It's been a long time but I think I would have questioned an overpayment of $352 since a normal check for two weeks of work would have grossed barely over $500. I can't for sure say that I didn't receive overpayment, but I need a bit more than a piece of paper showing my deductions from that pay period. I want to see a copy of the check that I cashed for that money, and I'm assuming no bank would keep that type of information. What should I do? I don't want to hand my former employer $352 just based on their word.

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I recently resigned from my employer (November) after 9 1/2 years. Recently I have received a letter from the employees receivable department, stating that I was overpaid in March of 1998 by $352. I called and asked for proof of the overpayment, and they sent me a copy of what my pay stub would have looked like. Now the problem is, this check would have been my 2nd or 3rd check after my employment started, and at the time I made $8.50/ hour. It's been a long time but I think I would have questioned an overpayment of $352 since a normal check for two weeks of work would have grossed barely over $500. I can't for sure say that I didn't receive overpayment, but I need a bit more than a piece of paper showing my deductions from that pay period. I want to see a copy of the check that I cashed for that money, and I'm assuming no bank would keep that type of information. What should I do? I don't want to hand my former employer $352 just based on their word.

After all these years they are now saying that they overpaid you? I am not a lawyer but this makes no sense to me at all. Any audit they had in these years should have shown up an overpayment. In my book, if they hadn't found the overpayment in all these years, they don't need to be trying to get it from you now.

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I would write back a nice letter and say "I'll see you in court" I'm not sure what a lawyer will tell you but man the statue of limitation has to have run out on this thing. If they had info of this and now have waited for you to leave, I don't see how they can collect. One last thing is that you paid income tax on that money and the amount wouldn't add up to be an over payment to you of that same amount because you didn't receive the entire amount. I'd make them take me to court and explain to a judge how come it took them so long to discover such a mistake??

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After all these years they are now saying that they overpaid you? I am not a lawyer but this makes no sense to me at all. Any audit they had in these years should have shown up an overpayment. In my book, if they hadn't found the overpayment in all these years, they don't need to be trying to get it from you now.

 

LIKE MINDS!!!!!!! I knew I liked you for some reason!!!!!!:D

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LIKE MINDS!!!!!!! I knew I liked you for some reason!!!!!!:D

Have been through too many audits to know that this smells. Also, I've cut a few paychecks in my time and I know that everything has to add up or I would have found myself in trouble.

 

You know you like me for lots of reasons:thumb:

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I recently resigned from my employer (November) after 9 1/2 years. Recently I have received a letter from the employees receivable department, stating that I was overpaid in March of 1998 by $352. I called and asked for proof of the overpayment, and they sent me a copy of what my pay stub would have looked like. Now the problem is, this check would have been my 2nd or 3rd check after my employment started, and at the time I made $8.50/ hour. It's been a long time but I think I would have questioned an overpayment of $352 since a normal check for two weeks of work would have grossed barely over $500. I can't for sure say that I didn't receive overpayment, but I need a bit more than a piece of paper showing my deductions from that pay period. I want to see a copy of the check that I cashed for that money, and I'm assuming no bank would keep that type of information. What should I do? I don't want to hand my former employer $352 just based on their word.

 

 

From a legal perspective your employer may argue the statute of limitations is 15 years but I would a argue it is 5 years and/or 1 year on negligence. Remember the term "laches" which is sitting on your rights and causes you to lose them. In other words, unneccessary delay. This is your argument when I say "your rights" I mean "their rights". I would say they are negligent and had one year to do something about it. Since you don't work for them anymore I would tell them to take me to small claims court. Their lawyers will check on the statute of limitations (they can be complicated) and may decide not to file anything since their fee is more than the overpayment. They also look disorganized if 9 1/2 years is how long it took to catch this. Of course, if you feel they have proven the overpayment to your satisfaction, some people like my mother would pay it because it was owed regardless of the enforceability.

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I concur with Atticus. The statute of limitations is 5 years. http://www.lrc.ky.gov/KRS/413-00/120.PDF

 

I also believe that you should direct them to the Fair Debt Collection Practices Act and tell them they have violated it by not declaring their attempt to collect a debt. That's $1000 each time they do it.

 

Tell them to stick it where the sun don't shine.

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I recently resigned from my employer (November) after 9 1/2 years. Recently I have received a letter from the employees receivable department, stating that I was overpaid in March of 1998 by $352. I called and asked for proof of the overpayment, and they sent me a copy of what my pay stub would have looked like. Now the problem is, this check would have been my 2nd or 3rd check after my employment started, and at the time I made $8.50/ hour. It's been a long time but I think I would have questioned an overpayment of $352 since a normal check for two weeks of work would have grossed barely over $500. I can't for sure say that I didn't receive overpayment, but I need a bit more than a piece of paper showing my deductions from that pay period. I want to see a copy of the check that I cashed for that money, and I'm assuming no bank would keep that type of information. What should I do? I don't want to hand my former employer $352 just based on their word.
I'm NOT a lawyer but I would call there bluff. I don't possibly see how it would be in there interest to fight this over 352.
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I concur with Atticus. The statute of limitations is 5 years. http://www.lrc.ky.gov/KRS/413-00/120.PDF

 

I also believe that you should direct them to the Fair Debt Collection Practices Act and tell them they have violated it by not declaring their attempt to collect a debt. That's $1000 each time they do it.

 

Tell them to stick it where the sun don't shine.

So in order for someone to collect a debt they have to tell you that they are going to attempt to collect a debt (the Fair Debt Collection Practices Act)? If they don't tell you this, then they can be fined $1000? Interesting....this is why I love this site....you can fine out so many interesting facts.

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I concur with Atticus. The statute of limitations is 5 years. http://www.lrc.ky.gov/KRS/413-00/120.PDF

 

I also believe that you should direct them to the Fair Debt Collection Practices Act and tell them they have violated it by not declaring their attempt to collect a debt. That's $1000 each time they do it.

 

Tell them to stick it where the sun don't shine.

I'm not a lawyer, but I did once sleep at Holiday Inn Express. And I 100% agree with the bolded.

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If they decide to take me to small claims court, will that damage my credit?

 

Typcially, replevin claims are not put on a credit report. However, if they did, you would have a great cause of action for slander of credit.

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If they do sue you in small claims court, check your credit report. If it is on there, file a counter-claim for defamation of credit and any other miscellaneous causes your atty can think up and have the case removed to Circuit Court. Then send them some interrogatories and request for production of documents seeking the basis of their claim. When they can't produce proof you win on their claim and can go after them for the trouble they have caused you.

 

Or you could be nice and simply demand that they prove it to you to your satisfaction.

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