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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116154
Experience:  20+ Years of Employment Law Experience
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I been having a problem with los angeles unifed school

Customer Question

i been having a problem with los angeles unifed school district my former employer i left the school district 12/2/2013 the problem is they put in a new payroll system some time ago 2009 0r so for the last 3 yrs since i left i keep getting letters from them saying i was over paid and that its going to collections valer enterprise company the amounts were 276 dollars wich i paid in 2014 thought i was done then last year they said i owed another 244 dollars i paid i trying to buy a house i dont want my credit screwed up this in july they say iowe another 264.27 dollars every year since i left they are finding dates that i owe i cant get them to do a final audit one year it was for 5/31/13 now this year when they did there audit they went backwards they said i owe for 1/15/2013 before that why cant they do a one autit i need help i think its a scam on former employees to pay for ther mistakes can some one give advice if they said this it pay this and we will never come after you again i would do it but every year since i left they come up with another overpayment i need help i dont have all my pay stubs they sent a stub with bunch minus and plus hard to make heads or tails out it i really need advice i am tired of them i am realy not sure if i was overpayed or not?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they claim you were over paid, they have the burden to prove to you how you were over paid and how much is due. If they will not provide an itemized payroll statement proving how much you were over paid and they keep claiming this in collections, they only have 2 years to sue you for recovery of the money if you were under an oral contract and 4 years to sue you if you were under a written contract. If they will not provide you the itemized proof, then you will need to sue them in court for damages regarding them improperly reporting over payment on your credit and thus impairing you from getting future credit you apply for.
At this point you need to start writing them a letter informing them you deny owing them further money and that unless they provide you an itemized payroll statement proving the over payment, you demand they cease and desist their efforts to collect and remove any negative credit reports or you will sue them for damages for improperly reporting an invalid debt.
If they continue to refuse, you need to file suit against them I am afraid.