Employment Lawyers Can Answer Your Employment Law Questions
Thank you for your question. Please permit me to assist you with your concerns.
The answer here is somewhat complicated so please bear with me. In terms of returning or demanding that you pay back an overage, if the overage did indeed happen, then you are contractually bound to return it since you received property that did not belong to you, even if it was by error, and over an error you had no control over. This is the same logic as if a bank accidentally adds a few zeroes and sends a check to an individual--that individual is not entitled to the funds and has to return.
All states have a time limit on debt that is owed to them. Under Florida law that time limit is 5 years if the contract is in writing. That means that if they have been overpaying you for 8 years, the first 3 years are beyond the scope of collections. They can pursue the other overpayment, but not the payments from before that period of time. As for the repayment of that amount, they can withhold all of it, or create a payment plan You likewise can negotiate with them over the withholding by claiming that a huge one-time withholding would detrimentally affect you when you did not in any way contribute to this situation.
Hope that helps.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).