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employer Deposited my Funds into 3rd party account...

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needadvice

Junior Member
What is the name of your state? california

I work for a large non-profit and travel representing the this entity. My expenses are reimbursed. My reimbursement began to get direct-deposited (as my payroll does) about 1.5 years ago.

I am notified of my direct deposits with a small statement (sent through inter-office mail), but I only recently discovered that these deposits were not being made to my account. The reimbursements are infrequent and vary in amount, so I just never noticed.

When I inquired with my employer, I learned that these reimbursements were going into the account of my ex-wife. She filed a form to have child support, which is withheld from my pay, direct deposited into her account. My employer mistook her to be my wife (she still has my last name) and inadvertantly starting sending my reimbursemnts to her account. My name is not on that account and the deposit slip provided by my ex-wife has only her name and the name of her current spouse.

Before my employer realized the mistake, they provided me with a record of all deposits made to that account (my reimbursments) and a copy of the form filed by my ex-wife to start the process. When I told my employer that I had been divorced for years and remarried, they were able to "pull back" the last deposit and gave me a check.

Since then, I requested that they pay me the amount of the remaining money. After talking to the legal dept, they have now told me to try to get it directly from my ex-wife and that they feel that the deposit notification statement absolves them of responsibility.

* My employer screwed up since the account they deposited into does not have my name on it and I never authorized deposit.

* My ex-wife apparently still does not get direct-deposit of the support checks, so she probably knows the mistakes are going in and did not want to contact my employer to fix it. She also apparently filled out the form requesting the direct deposit incorrectly.

* My only mistake was not catching the error soon enough.

I understand that I probably need to talk with a lawyer and send a demand letter to my employer. It seems that my employer should pay me and then try to get the money back from my ex-wife if they want. I think that my employer may be just posturing to see if I can fix the situation without getting them involved. My ex-wife would be reasonable in not paying money to me that she received from my employer - i.e., she would not be protected from a future attempt from my employer to correct the error.

What a mess, thanks in advance. The amount in question is more than can be recouped in small claims...
 



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