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Roger, Attorney
Category: Legal
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Husband retired on Jan 31,2013. Took until March for first

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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.

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.


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 and 2 other Legal Specialists are ready to help you

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 4 years 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?
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.