Ex employer overpayment





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My old employers payroll department made a mistake and overpaid me. I did not notice this payment in my bank account until I was notified 4 weeks after the payment was deposited into my account. When they contacted me, they said it was sent by check and I cashed the check, which is a lie. I have proof of the direct deposit. I told them I could make small payments of $100 each week until paid off. They basically said no and that I need to pay in full in 3 weeks. It’s over 5k and I do not have the money at this time. Do I legally have to pay them back?










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    My old employers payroll department made a mistake and overpaid me. I did not notice this payment in my bank account until I was notified 4 weeks after the payment was deposited into my account. When they contacted me, they said it was sent by check and I cashed the check, which is a lie. I have proof of the direct deposit. I told them I could make small payments of $100 each week until paid off. They basically said no and that I need to pay in full in 3 weeks. It’s over 5k and I do not have the money at this time. Do I legally have to pay them back?










    share|improve this question







    New contributor




    Christopher James is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.






















      up vote
      0
      down vote

      favorite









      up vote
      0
      down vote

      favorite











      My old employers payroll department made a mistake and overpaid me. I did not notice this payment in my bank account until I was notified 4 weeks after the payment was deposited into my account. When they contacted me, they said it was sent by check and I cashed the check, which is a lie. I have proof of the direct deposit. I told them I could make small payments of $100 each week until paid off. They basically said no and that I need to pay in full in 3 weeks. It’s over 5k and I do not have the money at this time. Do I legally have to pay them back?










      share|improve this question







      New contributor




      Christopher James is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.











      My old employers payroll department made a mistake and overpaid me. I did not notice this payment in my bank account until I was notified 4 weeks after the payment was deposited into my account. When they contacted me, they said it was sent by check and I cashed the check, which is a lie. I have proof of the direct deposit. I told them I could make small payments of $100 each week until paid off. They basically said no and that I need to pay in full in 3 weeks. It’s over 5k and I do not have the money at this time. Do I legally have to pay them back?







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      asked 12 mins ago









      Christopher James

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          Do I legally have to pay them back?




          Yes, you legally have to pay them back.



          If you approach them again and explain that you don't have the money in your account now, you would hopefully be able to come to some sort of repayment agreement.



          With a $5000 erroneous "windfall" hopefully you can afford more than the $100 per week they initially rejected.



          In most locales, your employer could simply deduct the excess wages from your next check, although most would agree to work with you for repayment.



          See: https://www.nolo.com/legal-encyclopedia/can-employer-deduct-previous-overpayment-paycheck.html



          Note: I am assuming you are in the US. Local laws apply.





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            Do I legally have to pay them back?




            Yes, you legally have to pay them back.



            If you approach them again and explain that you don't have the money in your account now, you would hopefully be able to come to some sort of repayment agreement.



            With a $5000 erroneous "windfall" hopefully you can afford more than the $100 per week they initially rejected.



            In most locales, your employer could simply deduct the excess wages from your next check, although most would agree to work with you for repayment.



            See: https://www.nolo.com/legal-encyclopedia/can-employer-deduct-previous-overpayment-paycheck.html



            Note: I am assuming you are in the US. Local laws apply.





            share

























              up vote
              0
              down vote














              Do I legally have to pay them back?




              Yes, you legally have to pay them back.



              If you approach them again and explain that you don't have the money in your account now, you would hopefully be able to come to some sort of repayment agreement.



              With a $5000 erroneous "windfall" hopefully you can afford more than the $100 per week they initially rejected.



              In most locales, your employer could simply deduct the excess wages from your next check, although most would agree to work with you for repayment.



              See: https://www.nolo.com/legal-encyclopedia/can-employer-deduct-previous-overpayment-paycheck.html



              Note: I am assuming you are in the US. Local laws apply.





              share























                up vote
                0
                down vote










                up vote
                0
                down vote










                Do I legally have to pay them back?




                Yes, you legally have to pay them back.



                If you approach them again and explain that you don't have the money in your account now, you would hopefully be able to come to some sort of repayment agreement.



                With a $5000 erroneous "windfall" hopefully you can afford more than the $100 per week they initially rejected.



                In most locales, your employer could simply deduct the excess wages from your next check, although most would agree to work with you for repayment.



                See: https://www.nolo.com/legal-encyclopedia/can-employer-deduct-previous-overpayment-paycheck.html



                Note: I am assuming you are in the US. Local laws apply.





                share













                Do I legally have to pay them back?




                Yes, you legally have to pay them back.



                If you approach them again and explain that you don't have the money in your account now, you would hopefully be able to come to some sort of repayment agreement.



                With a $5000 erroneous "windfall" hopefully you can afford more than the $100 per week they initially rejected.



                In most locales, your employer could simply deduct the excess wages from your next check, although most would agree to work with you for repayment.



                See: https://www.nolo.com/legal-encyclopedia/can-employer-deduct-previous-overpayment-paycheck.html



                Note: I am assuming you are in the US. Local laws apply.






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                answered 7 mins ago









                Joe Strazzere

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