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Getting payed when not working

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R. K. Wells

New member
Hello, I'm a student at a university in New Jersey. One fine day I got a payment of $150 in my account from the university payroll though I'm not working anywhere at all. I ignored it as an accident and thought it might get debited soon, but after the next 2 weeks I got the exact same pay and again after another 2 weeks. Basically I got paid $150 thrice over six weeks. I think that eventually the university payroll department will realize the error and not just stop paying me but also ask me to send back the total amount paid over the duration and I'm sure I can payback as I haven't spent a single dollar out of it.
What my concern is-
1. Can the university sue me for not reporting the error?
2. Even if the university can sue me, will they sue me upfront when they realize the error or will they try to resolve by asking me to send the amount back? (opinion)
3. Will I be able to act oblivious if the university decides to sue me? (opinion)
4. What if I have spent the money and cannot pay back?

PS: I have never worked for the university at all in past
 


cbg

I'm a Northern Girl
1.) Damn straight they can
2.) Probably the latter.
3.) You can try. It won't make any difference to the ultimate result
4.) It's a real shame that you'll have to get a second job, or a loan, or have future wages garnished, won't it? Don't even imagine that trying, "I don't have the money to pay it back," will get you off the hook.

All that being said, academia is a strange thing. There's just a slight possibility that it might not be a mistake. Your best bet is to call university payroll and ASK them what it's all about. If it's a mistake, they'll be a lot less likely to sue,, and more likely to go easy on you about the paybacks, if you self-report and make arrangements to pay it than if you try to get away with keeping it. And if it's not a mistake, then you can go ahead and spend it.

Of course, you weren't planning on keeping it, were you? After all, keeping money that you received in error that you know does not belong to you is called STEALING, not matter how innocently it may have happened.
 

Zigner

Senior Member, Non-Attorney
Of course, you weren't planning on keeping it, were you? After all, keeping money that you received in error that you know does not belong to you is called STEALING, not matter how innocently it may have happened.
Yeah, that.
 

LdiJ

Senior Member
1.) Damn straight they can
2.) Probably the latter.
3.) You can try. It won't make any difference to the ultimate result
4.) It's a real shame that you'll have to get a second job, or a loan, or have future wages garnished, won't it? Don't even imagine that trying, "I don't have the money to pay it back," will get you off the hook.

All that being said, academia is a strange thing. There's just a slight possibility that it might not be a mistake. Your best bet is to call university payroll and ASK them what it's all about. If it's a mistake, they'll be a lot less likely to sue,, and more likely to go easy on you about the paybacks, if you self-report and make arrangements to pay it than if you try to get away with keeping it. And if it's not a mistake, then you can go ahead and spend it.

Of course, you weren't planning on keeping it, were you? After all, keeping money that you received in error that you know does not belong to you is called STEALING, not matter how innocently it may have happened.
I am a bit confused. The OP stated clearly that he/she hadn't spent a penny of the money.

I think that eventually the university payroll department will realize the error and not just stop paying me but also ask me to send back the total amount paid over the duration and I'm sure I can payback as I haven't spent a single dollar out of it.
 

quincy

Senior Member
I am a bit confused. The OP stated clearly that he/she hadn't spent a penny of the money.
And question four asked: What if I have spent the money and cannot pay back?

The solution to this problem is a relatively simple one for R.K.Wells. Wells should report the payments to the University and get the error corrected - sooner rather than later.
 

westside

Member
And question four asked: What if I have spent the money and cannot pay back?

The solution to this problem is a relatively simple one for R.K.Wells. Wells should report the payments to the University and get the error corrected - sooner rather than later.
This. The best time to have done so would have been the first business day after receiving the first payment. The second best time would be today.
 

cbg

I'm a Northern Girl
I am a bit confused. The OP stated clearly that he/she hadn't spent a penny of the money.
I answered the questions that were asked. One of the questions had to do with not being able to pay it back.
 

Stephen1

Member
I grasp that OP doesn't have any right to those funds and when the university requests repayment then OP should pay it. Also, assuming this was direct deposit then the university could reverse the payment. But what I am confused about is on what grounds the university could sue? This appears to be a university error.
 

quincy

Senior Member
I grasp that OP doesn't have any right to those funds and when the university requests repayment then OP should pay it. Also, assuming this was direct deposit then the university could reverse the payment. But what I am confused about is on what grounds the university could sue? This appears to be a university error.
A lawsuit would depend on whether the money, known to be deposited in error, is spent.
 

Zigner

Senior Member, Non-Attorney
I grasp that OP doesn't have any right to those funds and when the university requests repayment then OP should pay it. Also, assuming this was direct deposit then the university could reverse the payment. But what I am confused about is on what grounds the university could sue? This appears to be a university error.
If the OP fails to return the money when requested, it's (at best) conversion, if not outright theft.
 

Stephen1

Member
If the OP fails to return the money when requested, it's (at best) conversion, if not outright theft.
Thanks. I was reading OP's original question as being concerned about being sued for not telling the university and not if he never refunded it when requested.
 

quincy

Senior Member
The longer he keeps the money without addressing the deposit with the university, the worse it can be for him.
 

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