Overpayment on insurance in 1995

[AlaskaAnton]

What is the name of your state? MN


My wages were recently garnished by an insurance company that supposedly over paid me on a claim filed in 1995. Is there a staute of limitations on their right to deduct this overpayment from my check? Also... I was not notified beforehand that this was going to happen. Can they legally make the deduction without notifying me?

 

[Dandy Don]

Overpaid you by how much? How much are they taking out of each paycheck?

Do you work for a government agency or for a private/public company?

 

[I AM ALWAYS LIABLE]

What is the name of your state? MN


My wages were recently garnished by an insurance company that supposedly over paid me on a claim filed in 1995. Is there a staute of limitations on their right to deduct this overpayment from my check? Also... I was not notified beforehand that this was going to happen. Can they legally make the deduction without notifying me?

My response:

Did you move to a new address after the 1995 claim?

IAAL

 

[I AM ALWAYS LIABLE]

Overpaid you by how much?

How much are they taking out of each paycheck?

Do you work for a government agency or for a private/public company?

====================================

My comments:

Hello Dandy - -

So that we might all learn something, would you please tell us the significance of each of your questions in relation to our writer's initial post?

Thank you.

IAAL

 

[HomeGuru]

Dandy questions by IAAL.

 

[I AM ALWAYS LIABLE]

"Dandy questions by IAAL."

==================================

My response:

Thank you, HomeGuru.

Dandy has already read my request for answers for his questions, but he has learned from the past that my purpose in asking is merely to draw him in, pin him to the ground, and jump down his throat for asking such pointless, meaningless, baseless, and ridiculous questions - - as he's done so many times in the past.

Dandy won't respond for two reasons - -

1. He realizes that his questions are stupid, now that I'm "calling" him on them, and

2. He knows I'm going to ream him once he answers. So, he's not responding.


IAAL

 

[HomeGuru]

IAAL, you have relevacy to his not relevant questions.

 

[I AM ALWAYS LIABLE]

My further response:

Dandy knows that it always intrigues me that he asks, in 90% of his responses, how much money is involved in a writer's post - - despite the fact that it doesn't matter!

But, he asks anyway, and so far, he won't stop asking that, and other, dumb questions - - much like the one's above.

C'mon, Dandy. Give us the significance of your questions to our writer! (Chicken - - pluck, pluck, pluck!)

IAAL

 

[I AM ALWAYS LIABLE]

Hey Dandy Don - -

Why do you always disappear from the forums right after I ask you questions about your responses?

IAAL

 

[AlaskaAnton]

I work for a private company. The payments came to me from John Hancock Ins. for short term disability... I was injured on the job.


They made a one time deduction... less than $100. So, as you can see, it isn't about the $$$. What irks me is that a) they didn't notify me about it and b) they went back 8 years, which is why I was wondering about a statute of limitations.

I did move, but, the address that any notification would have been sent to is my parents so I would have been notified by them if I had recieved any mail about the over payment.

 

[I AM ALWAYS LIABLE]

I work for a private company. The payments came to me from John Hancock Ins. for short term disability... I was injured on the job.


They made a one time deduction... less than $100. So, as you can see, it isn't about the $$$. What irks me is that a) they didn't notify me about it and b) they went back 8 years, which is why I was wondering about a statute of limitations.

I did move, but, the address that any notification would have been sent to is my parents so I would have been notified by them if I had received any mail about the over payment.

My response:

That's why I asked if you had moved. You see, they had to "personally serve you" with their lawsuit. Since you moved, they couldn't find you. Therefore, and pursuant to State law, they eventually "published" the Summons in a newspaper of general circulation. Since you didn't see the published Summons, and therefore didn't respond to their Complaint, you lost the lawsuit by default.

Now, they have a judgment against you. Obviously, they have since found you and are garnishing your wages to collect their judgment for the principle amount, plus attorney's fees, court costs, and interest.

Once they had their judgment, it was no longer a matter of the Statute of Limitations on the original debt. After the judgment was entered against you due to your default, it then became a matter of the judgment Statute of Limitations, and that Limitations period lasts for years, and years.

They obviously found you through your Social Security Number from a search of employment records.

Good luck.

IAAL

P.S. This is why none of Dandy Don's questions were cogent to your issues. Amounts owed, where you work, etc., had nothing to do with your issues.

 

[JETX]

WOW!! I am absolutely astounded!!!

IAAL, you mean you were actually able to give this writer an accurate reply without knowing:
1) The amount of the overpayment, and
2) How much was taken from each check, and
3) Whether the writer worked for a government agency or private/public company???

Truly incredible!!!

And I bet old 'Dandy Don' is cowering in the corner, wetting his Drypers and sucking his thumb waiting for 'answers' to his questions.

 

[I AM ALWAYS LIABLE]

WOW!! I am absolutely astounded!!!

IAAL, you mean you were actually able to give this writer an accurate reply without knowing:
1) The amount of the overpayment, and
2) How much was taken from each check, and
3) Whether the writer worked for a government agency or private/public company???

Truly incredible!!!

And I bet old 'Dandy Don' is cowering in the corner, wetting his Drypers and sucking his thumb waiting for 'answers' to his questions.

My response:

I know. Sometimes Dandy truly amazes me with his logic, or lack thereof. His questions on this thread were absolutely worthless. When Dandy doesn't understand an issue, or the law involved, he really goes over the deep end.

However, in his defense, and despite the fact that he nearly always asks for "amounts" when it's not necessary, for the most part Dandy does a decent job on the forums. I do, most times, enjoy his answers. But when he has a synapse problem on any particular day, he just goes nutty!

Anyway, I certainly hope our writer understands what's happened to her, and why.

IAAL