How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26917
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

Husband retired on Jan 31,2013. Took until March for first

Customer Question

Husband retired on Jan 31,2013. Took until March for first check to arrive covering Feb,March which is not the issue, but leads up to the current issue. Beginning in April, the company began sending 2 pension checks; one correct, one incorrect but both deposited into checking account. Happened April, May, June, and now again in July. Have called each month, told they would discuss and get back with us on how to refund money. No call backs. Question is; how long do we have to continue to try and return money? Is there a time limit in which we can claim the money if the company does not respond to our efforts to return? This of course, will effect our income tax, etc, etc.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Kirk Adams :

I'll be glad to help you out here!

Kirk Adams :

Under Texas law, there is a 4 year statute of limitations on written contracts - - which would include a pension agreement with your husband's employer. Therefore, theoretically, if a mistake in payments has occurred, the money would be recoverable by the pension fund within the statute of limitations.

Kirk Adams :

Thus, the pension fund would have 4 years from the date of the mistake to try and recover the money. Since you've informed them of the issue and because you're willing to return the money, this should not be a huge issue. It will just take the company some time to get this straight.

Customer:

Do we need to continue calling each month if they happen to continue sending the extra check? We have placed the money in a separate interest bearing account. Would they be have the rights to any interest made on this money? And does each month roll out an additional month in the 4 years or does the 4 years begin for all months from the first day we informed them of the mistake? Last of my questions!

Kirk Adams :

If they're sending you checks, it would be best not to cash the extra check, and return it to the company with a letter explaining that it was paid over in error and ask them to correct it.

Kirk Adams :

As for the checks you've already received and cashed, the best thing to do is what you're doing - - just hold the money in a separate account until you work out the details for the proceeds to be returned.

Roger, Attorney
Category: Legal
Satisfied Customers: 26917
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 7 other Legal Specialists are ready to help you
Expert:  Roger replied 1 year ago.

As for the statute of limitations issue, a new 4 year period would begin with each new check - - so EVERY check would have it's own limitation period, one expiring the month before the next. So, that could get complicated as well!

I hope this information answers your questions, but if you need something else, please do not hesitate to ask!

Thanks for allowing me to assist you.

Customer: replied 1 year ago.
The pension amount is auto deposited do returning a physical check is not possible and trying to get the pension administrator to give an address as to where to send the funds is the main issue. It is almost as if the are upset that we found can error and do not want to admitt they messed up. Thanks for the info though . Yes I did rate you and the site said I gave you top rating so not sure why I keep getting an email to rate you?
Expert:  Roger replied 1 year ago.
I'm not sure why you've gotten emails either as you did rate me days ago! I'm sorry about that, but just disregard any emails to rate our conversation.

I know JA sends out a lot of customer service surveys, etc. to make sure that your experience was good, helpful, etc., so you may see a few moreQ

Again, thanks for allowing me to assist you and let me know if you need anything further.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.