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I left my company in May '07. In July '07 I was notified of a $3,000 overpayment. They are sending me bills monthly wanting payment and they want me to sign a promosiary note for repayment? ALL OF THIS IS IN TEXAS! Do I have to pay them back, what would be the conquences of not paying them back and what should I do?

2007-08-08 08:20:12 · 6 answers · asked by camdfw 3 in Business & Finance Credit

Heres the thing, I didn't know I was overpaid at all. I assumed since I had just received a paycheck that there wasn't any overpayment to speak of. (At one time I was slightly overpaid but I went a month w/ no paycheck to make up the difference....this was in January this year, since then I have been working and receiving paychecks regularly.)

I called payroll and listened to their side of it but didn't understand a thing they were speaking of.

I just don't see how it could go to collections since I NEVER agreed to REPAY the debt NOR DID I sign anything for some type of services rendered (ex....a phone bill ). Can anyone explain how and why it could go to collections?

2007-08-08 08:37:40 · update #1

Also, I quit this job to persue my career as an RN (which I'm in school full time for right now), so other than my partner's income I don't have an income to speak of.

2007-08-08 08:38:58 · update #2

TO BE HONEST, I don't know how I'm overpaid that much either. The thing is I was a flight attendant. We were always paid a little backwards to begin with. When I spoke w/ payroll she informed me that the majority of overpayments after leaving the company was w/ flight attendants. In January when I fell overpaid (the one I knew about) I had fell sick in December and didn't have any sick time but was paid nonetheless. At the time I knew I was overpaid and took all steps to redeem that debt as paid. But now I haven't a clue how they are coming up with the number that they are.

ALL THESE ADDITIONAL COMMENTS are in response to some answers that I have received! Thanks everyone!

2007-08-08 09:00:39 · update #3

6 answers

What ever you do I wouldn't sign any promissory note then you are legally on the hook.

Sit it out and if they plan to sue you. If they are they will have to make a demand and they can't go to small claims with a lawyer.

If you think that you earned it or can come up with a defense you can go to court. You can prevail in court if they have a promissory note you have no chance.

Of course in Texas I am not if sure you have any legal rights.

Unless it is a criminal act they can't do anything except sue you. They can send you letters and make calls to you. Most likley they will turn it over to a collection agency. If you get a collection letter make sure you dispute it right away. It will get collection people off your back. Good luck.

2007-08-08 08:29:07 · answer #1 · answered by Harv R 2 · 0 1

i am confused how could the company overpay you $3000 with out you knowing it -- did you take an advance. anyway write the company and request that they furnish to you just what this $3000 is made up of.

then if you feel that you were in fact overpaid -- explain to them that you would like to work out a payment schedule.. and start the long road of getting it cleared up.. it is not the end of the world but you do not want this to go to collections or get sue over. good luck

2007-08-08 15:48:47 · answer #2 · answered by mister ed 7 · 0 0

Yes, you have to pay them back

One consequence would them sending it to collections or going themselves to court and getting a judgement

Another possible MAJOR consequence is if you change jobs again in the future and prospective employers contact this former employer.

Just curious but did you not know you got overpaid and if you didn't how did you overlook an extra 3K in your check???

2007-08-08 15:27:15 · answer #3 · answered by Craig T 6 · 0 0

Uh, yes, if it's an overpayment, you have to pay them back. The consequences of not paying would be that they'd probably send it to collections, then sue you, then garnish your wages and get their money that way.

The best thing to do would be to make arrangements with them to pay what you owe. They'd probably let you make payments rather than pay it all at once.

2007-08-08 15:36:00 · answer #4 · answered by Judy 7 · 0 0

Wow, I don't know. I would want proof of the over payment first. If they can prove it, then you'll have to pay it back. Maybe work out a payment plan with them or something. If your still nervous about it, you could contact an attorney.

2007-08-08 15:24:34 · answer #5 · answered by sunnybrooke 2 · 0 0

They may eventually go to collections, and seek recompense there.

2007-08-08 15:22:21 · answer #6 · answered by Danny42378 3 · 0 0

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