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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29101
Experience:  30 years experience representing clients.
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I received a notice from my former employer that I am bring

Customer Question

I received a notice from my former employer that I am bring sent to collections for $6603.65, for what they claim was overpayment of wages for payroll week ending 10/31/2016 (2016 is the year stated on the notice). I retired on 10/31/2015. All of my retirement pay-outs had been received, and my retirement annuity/income plan was set up at my bank. I e-filed my income taxes early in 2016 for Federal and California state taxes, based on the W-2 form I received. Prior to the state tax refund amount being direct-deposited into my bank, I received a corrected W-2 form, filed amended tax returns, and paid the additional taxes owed per the additional amounts shown on the corrected W-2. This was all completed in February, 2016. There were no further details or proofs provided with the notice. The company, not me, calculated my pay-outs at the time I retired. Am I obligated to repay this amount? Can the company force collection? I am unsure how to proceed. Please advise.
Submitted: 5 months ago.
Category: Legal
Expert:  Loren replied 5 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, if the company did, indeed, accidentally overpay you, even if their mistake, they can seek the return and repayment of the amount of the overpayment.You can and should demand strict proof and accounting of the amount they are claiming. Additionally, since it was their mistake, they should be fairly flexible about allow you to pay over time.Otherwise, they will have to sue you to force repayment if you dispute the matter.
Expert:  Loren replied 5 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 5 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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