overpaid check

[yl358]

Located in New York State

I ran a summer school in the summer of 2011 and I overpaid a teacher by almost $2000. She filled out a W-9 and I wrote the wrong amount on the check. I told her I'd like the money back. She wrote me an email saying she will not give it back because she worked more hours than she initially wanted to. She moved out of state. I tracked her down and officially summoned her to court. She did not respond to the court summons. An inquest date has been set for the end of this month.

I would like advice on how I can present my case to the judge to get my money back. Any insights?

Here are my "challenges". It was a verbal agreement (not written down) that she would be paid $XXXX amount for the summer. However, I do have a written agreement with the church (I rent the space from them) that the teacher would be paid $XXXX amount. Do I have a case?

 

[Antigone*]

Located in New York State

I ran a summer school in the summer of 2011 and I overpaid a teacher by almost $2000. She filled out a W-9 and I wrote the wrong amount on the check. I told her I'd like the money back. She wrote me an email saying she will not give it back because she worked more hours than she initially wanted to. She moved out of state. I tracked her down and officially summoned her to court. She did not respond to the court summons. An inquest date has been set for the end of this month.

I would like advice on how I can present my case to the judge to get my money back. Any insights?

Here are my "challenges". It was a verbal agreement (not written down) that she would be paid $XXXX amount for the summer. However, I do have a written agreement with the church (I rent the space from them) that the teacher would be paid $XXXX amount. Do I have a case?

If you only have a verbal agreement with her, I'd say your case is weak. Your agreement with the church has no bearing since she is not a party to that agreement.

 

[swalsh411]

She filled out a W-9 and I wrote the wrong amount on the check.

How is an incorrect W-9 the proximate cause of the alleged overpayment?

It was a verbal agreement (not written down) that she would be paid $XXXX amount for the summer.

Then apparently you violated this alleged agreement by paying XXXX + $2000. You don't have a weak case; you have no case.

I keep saying alleged here not because I am accusing you of lying but because you will not be able to prove it in Court. She performed services. You paid her for those services. You bear a very high burden of proof to show that she was paid the wrong amount when you have nothing in writing.

 

[You Are Guilty]

You guys do know how an inquest works, right?

http://nycourts.gov/courts/nyc/civil/inquests_nonatty.shtml#general

 

[yl358]

How does an inquest work?

I made her sign a payroll log which tells her how much she was paid. It was a 7 week program. I paid her in cash the first four weeks. She signed off on this. That leaves 3 weeks left of work to be paid. I paid her with a check for the rest of the 3 weeks, and she signed a W-9 form to receive this check.

What happened was I made a mistake on the check and I paid her for all 7 weeks when I should have paid her for the 3 remaining weeks left. So she was overpaid 4 weeks worth of work. Does this make sense?

Can the payroll log count for something? She signed off on it and, if you work out the math, you can work out how much she was supposed to be paid.

 

[swalsh411]

You would still need something to show how much you agreed to pay her in the first place. All it appears you have is a check log that happens to fit your version of what happened.

Was this a W-2 employee? Who is going to deal with all the tax issues related to the recovery of an prior year overpayment? Having an accountant do that will cost you hundreds of dollars minimum.

Who is going to collect if you win a judgement? Are you going to try to collect yourself? How much free time do you have? Does she even have any money?

What I am trying to say here is that even if you are successful in court (which I highly doubt you would be given what you have said) it may end up costing you more than the overpayment to get your money back.

 

[yl358]

What would I need to help prove my case then? What would I have to show the judge?

 

[You Are Guilty]

Guys, an inquest is a trial where the defendant is not present. That means, there is no one there to object to hearsay, improper foundation, "best evidence" issues, etc. A plaintiff, particularly a pro se plaintiff, is going to be given an awful lot of leeway as to introduction of evidence and testimony by the judge. (In fact, in a lot of courts, inquests are presided over by Referees, not judges).

So while judgment collection is always a viable concern, getting the judgment via inquest is not really a difficult task. It's very hard to lose a case when there is no one else in the room (although to be honest, I've seen it done, lol).

 

[swalsh411]

OP does not in my opinion have sufficient evidence to establish prima facie that here has been any overpayment. All they will be able to show is that this person provided services and was compensated for them.

 

[You Are Guilty]

OP does not in my opinion have sufficient evidence to establish prima facie that here has been any overpayment. All they will be able to show is that this person provided services and was compensated for them.

Perhaps, assuming the OP goes to court with duct tape over their mouth. What happens after OP testifies, unopposed, that the payment was for all 7 weeks, and not just the 3 that were supposed to be paid? While "evidence" in an inquest may be loosely defined, "direct testimony" counts in every state.