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Sent to Collections by Former Employer

H

herra

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This morning I received a call from a debt collecting agency. At first, I thought it was a prank call, so I told them to fuck off. Then in a few minutes I received a call from another number. It was the same debt collecting agency. This time I listened to them, and they mentioned my old employer sent me to collections. My former employer sent me to collections because they had over paid on my salary. It's been about 6 months since I last work with them and they expect me to give them back some money?!!!!

Has anyone else been in this situation? Am I obligated to pay back the money? What are the repercussions for not paying back the money? What should I do?
 
Talk to a lawyer that handles this type of stuff. Shit sounds fucked up though.
 
That sucks man, all the best with that. I'm currently in collections for my student loan, and almost wish I never took it out to begin with. Dealing with a real hardass too, which is shitty. But no, that hasn't happened to me. I would seek out options in attempt of appealing it. Fuck that company.
 
herra said:
This morning I received a call from a debt collecting agency. At first, I thought it was a prank call, so I told them to fuck off. Then in a few minutes I received a call from another number. It was the same debt collecting agency. This time I listened to them, and they mentioned my old employer sent me to collections. My former employer sent me to collections because they had over paid on my salary. It's been about 6 months since I last work with them and they expect me to give them back some money?!!!!

Has anyone else been in this situation? Am I obligated to pay back the money? What are the repercussions for not paying back the money? What should I do?
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If they have grounds for their demand and can show it, yes, you will have to pay it back. They probably should have contacted you first before giving it to a debt collecting agency though.

Are you in Finland by the way, sir?
 
The reason I ask whether you're in Finland is because your name hints at it and I'm a lawyer who used to work in a debt collecting agency here.
 
mesomorph said:
The reason I ask whether you're in Finland is because your name hints at it and I'm a lawyer who used to work in a debt collecting agency here.
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No. I'm from California.
 
How could they possibly just send you to collections without showing proof of their error first?

Lawyer up man.
 
herra said:
No. I'm from California.
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Oh, OK. The rules of "conduct" might be different then, but regardless if they've made a mistake and paid you more than they should have, they definitely have the right to get that money back.

You need to check if they're bullshitting though.
 
BearAKA said:
How could they possibly just send you to collections without showing proof of their error first?

Lawyer up man.
Click to expand...

And that's why I was so surprised when the collection agency called me. I will review my pay stubs and if they're bullshitting or not.
 
mesomorph said:
Oh, OK. The rules of "conduct" might be different then, but regardless if they've made a mistake and paid you more than they should have, they definitely have the right to get that money back.

You need to check if they're bullshitting though.
Click to expand...

I hope you're wrong, and I don't have to pay back the money. But I plan on contacting the Payroll department of my former employer, and demand they provide proof of the over payment. Also, I have to review my payment stubs.

Do you know if my credit score is already messed because Ive been sent to collections? I read if I get sent to collections, there's a note on my Credit Report of this issue.
 
herra said:
I hope you're wrong, and I don't have to pay back the money. But I plan on contacting the Payroll department of my former employer, and demand they provide proof of the over payment. Also, I have to review my payment stubs.

Do you know if my credit score is already messed because Ive been sent to collections? I read if I get sent to collections, there's a note on my Credit Report of this issue.
Click to expand...
I can only speak with certainty on how things go over here. And how it goes is your credit score in these kinds of cases isn't affected until there's a court decision on the matter. Private collection agencies don't have that kind of power to mess with your credit score. Plus when you get your first mark on there, you'll be notified.

If - and that's a big if - they are not bullshitting and actually did pay you too much there's no question they have the right to get it back. I think in English it's called "recovery of sums paid but not due".
 
Demand to see proof, but don't give them your contact info. It depends on how it affecting your credit it, but you can fight it. Vredit companies could care less about the situation. They are usually people making minimum wage, who get a bonus for the more accounts they close. They will lie to you, and do stuff like threaten your credit, or even lawsuits. Find out from your work what there grievance is, and demand written proof, and even threaten to sue if you feel your in the right.

If you do owe, credit companies will also often try to make deals to settle the debt.
 
Also Im not a 100% certain, but I think if you can prove that paying back the money would cause you hardship then you can get out of paying the full amount or all of it.
 
I'd ignore it completely. It will likely cost them more in legal fees to retrieve the amount that the actual amount itself. Debt collectors typically rely on people just folding under fear in these situations. That the case in Aus anyway. Unless a debt is well clear of $1000, no one here is taking you to court for it. But yeah, they will pester you for a bit until they realize that's turning into another expense that will unlikely be recovered.

If they do come back at you with a bullshit figure, reply by telling thats for all the un-reported overtime you did. Put your ex-employer in the hotseat.
 
sverre054 said:
Demand to see proof, but don't give them your contact info. It depends on how it affecting your credit it, but you can fight it. Vredit companies could care less about the situation. They are usually people making minimum wage, who get a bonus for the more accounts they close. They will lie to you, and do stuff like threaten your credit, or even lawsuits. Find out from your work what there grievance is, and demand written proof, and even threaten to sue if you feel your in the right.

If you do owe, credit companies will also often try to make deals to settle the debt.
Click to expand...

I second this. They are going to have to provide some proof, then they have to provide proof that they are legally allowed to take money from you for this alleged debt.

This might help...http://www.gocreditmatters.com/Cred... Strategies/Debt Validation/thedvprocess.html
 
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