Collection of Overpayed Salary

Greetings,

On 2/16/99, a little over a year ago, I voluntarily resigned from my corporate job.

Eight months later, on 12/7/99, a Collection agency contacted me on behalf of that employer alledging that I had been overpayed by $ 1500. This was a total surprise to me, so I asked them for proof. Today, 4/10/00, they just mailed me a copy of the paystub. It seems that I had been payed for two extra weeks on my last paycheck. Having been on direct deposit, I never noted the overpayment.

I was never contacted directly by my previous employer about the matter. Instead, they elected to pass the charge directly to a collection agency.

The collection agency is threatening litigation. Should I pay or should I fight it:

1) it was my ex-employer's error
2) the employer never contacted me directly
3) it took them over 9 months to notify me and then only via a collection agency

Thanks in advance.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by shirtlessness:
Greetings,

On 2/16/99, a little over a year ago, I voluntarily resigned from my corporate job.

Eight months later, on 12/7/99, a Collection agency contacted me on behalf of that employer alledging that I had been overpayed by $ 1500. This was a total surprise to me, so I asked them for proof. Today, 4/10/00, they just mailed me a copy of the paystub. It seems that I had been payed for two extra weeks on my last paycheck. Having been on direct deposit, I never noted the overpayment.

I was never contacted directly by my previous employer about the matter. Instead, they elected to pass the charge directly to a collection agency.

The collection agency is threatening litigation. Should I pay or should I fight it:

1) it was my ex-employer's error
2) the employer never contacted me directly
3) it took them over 9 months to notify me and then only via a collection agency

Thanks in advance.<HR></BLOCKQUOTE>

My response:

Obviously then, you had no idea the money is still in your account. DO NOT pay the collection agency. Write your own check and send it to your former employer along with a CERTIED RETURN RECEIPT letter stating, in essence, that since this matter was their purposeful mistake, that if you find even a question mark on your credit rating, that you'll sue for the credit damage, and to your reputation, loss of prospective business advantage, along with punitive damages; that if you do not get copies of all of their SIGNED letters to all credit reporting companys telling those agencies, and the collection agency, that this matter was their error, with directions to "reverse" any form of negative report, within 30 days from the date of your letter, you will then attempt to take out a loan, and if denied that loan due to their mistake, you'll sue the livin' crap out of them. What jerks !!

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

Obviously then, you had no idea the money is still in your account. DO NOT pay the collection agency. Write your own check and send it to your former employer along with a CERTIED RETURN RECEIPT letter stating, in essence, that since this matter was their purposeful mistake, that if you find even a question mark on your credit rating, that you'll sue for the credit damage, and to your reputation, loss of prospective business advantage, along with punitive damages; that if you do not get copies of all of their SIGNED letters to all credit reporting companys telling those agencies, and the collection agency, that this matter was their error, with directions to "reverse" any form of negative report, within 30 days from the date of your letter, you will then attempt to take out a loan, and if denied that loan due to their mistake, you'll sue the livin' crap out of them. What jerks !!

IAAL

<HR></BLOCKQUOTE>

WAIT A MINUTE, WAIT A MINUTE HERE!!! To IAAL, you should be ashamed of yourself! Obviously, you have a thing for Collection Agencies!!! (And I don't blame you)

You neglected to include one very important thing!!! The collection agency is attaching interest on the accumulated debt!!? In other words, he owed $1,500.00. But are they just trying to recover that same $1,500.00 or are they attaching interest/penalties to make that $1,500.00????? This guy/gal doesn't owe the company or the collection agency ANY interest/penalty at all, in any state, I would bet!!! Hope he reads this!! Yes, don't deal directly with the collection agency, but gosh don't give the company the whole thing!!! If I/P has been attached, then the company/agency can fight him over that...but don't dole out the cash if you don't rightfully have to!!! Shame on you! (and by the way, I agreed with your post and like the way you put it!)

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ShadowBee:
WAIT A MINUTE, WAIT A MINUTE HERE!!! To IAAL, you should be ashamed of yourself! Obviously, you have a thing for Collection Agencies!!! (And I don't blame you)

You neglected to include one very important thing!!! The collection agency is attaching interest on the accumulated debt!!? In other words, he owed $1,500.00. But are they just trying to recover that same $1,500.00 or are they attaching interest/penalties to make that $1,500.00????? This guy/gal doesn't owe the company or the collection agency ANY interest/penalty at all, in any state, I would bet!!! Hope he reads this!! Yes, don't deal directly with the collection agency, but gosh don't give the company the whole thing!!! If I/P has been attached, then the company/agency can fight him over that...but don't dole out the cash if you don't rightfully have to!!! Shame on you! (and by the way, I agreed with your post and like the way you put it!)

<HR></BLOCKQUOTE>

Dear Shadowbee:

Thanks for your input, but if you read just a little bit closer, the gentleman said: "I had been *** overpayed *** by $1500." I take that to mean, and you should too, that his employer placed $1,500.00 into this man's bank account. Very simple, Shadowbee. You also said, " . . . doesn't owe . . . the collection agency ANY interest/penalty at all, in any state, I would bet." You would bet? Then you'd lose. If it was a "solid" debt, and not due to any mistake, then this man would, in fact, owe interest. But, no one was talking about interest - - because I was discussing the priciple sum of $1,500.00.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 12, 2000).]