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Are we still legally liable for this debt after 3 years?

ahurtt

Diamond Member
Ok I will preface my story by saying I live in Maryland. That might make a difference or not, I don't know. Here's the situation:

My wife taught at a certain public elementary school in a certain county during the 2003 school year. At the end of the year, she quit because we moved too far away for her to have a reasonable daily commute to school. But the school did not stop paying her! We called them after they had over payed her two times and told them to stop. The checks kept coming. We called again, at least once, maybe twice, I don't remember exactly since this was 3 years ago. Finally the checks stopped. The county school system did not know how to tell us to return the money at that time. We tried. They said their system couldn't handle that or something and they didn't know what to tell us. They thanked us for bringing the problem to their attention with the sentiment that most people probably wouldn't have done what we did. But they didn't know what to do about us giving the money back to them. So they thanked us, we went on our way. We filed our IRS tax return for the year 2003 and we reported and payed our taxes on that income.

Fast forward to this past Friday evening. There is a message on our answering machine when I get home from work. A woman from "the offices of ____ and ____" asking us to return her call. She doesn't say what it was about so I almost didn't call back. But I did. It was a collections agent (as I suspected due to the nondescript nature of the message she left us). I was thinking it might be medical related because we recently had a baby and my wife had spent some time in the hospital. Although we had no outstanding bills to our knowledge, I thought maybe something had slipped through the cracks in the myriad of bills we had received related to that. But no. The school system now has sent a collections agency after us to collect on what they say was some $5800 in overpayment. After 3 years!!

I'm pissed! I guarantee you had we not brought their mistake to the school systems attention, who knows how long they would have continued paying my wife? We tried to give the money back and they didn't know how to accept it!! WTF!? Now 3 years later they send a collections agent after us!? So does anybody know if there is a legal statute of limitations on this kind of thing? Do we still have any legal obligation to pay back that money after all this time, given the lengths we went to in order to try and do the right thing and correct the problem at the time? Can this ruin our otherwise very healthy credit record? This is just fvcked up. Right at the holiday time of year too. Merry Fvckin Christmas!

EDIT - THERE WERE NO CHECKS! All fund transactions were by direct deposit, so it's not as if they sent us checks and we cashed them knowing the money wasn't ours. Should I have stopped the transfers at my banks level? Yes, but I never dreamed they would keep making the payments after the first time I called to have them stop. But they did. My wife was looking back at our records and determined that she thinks they overpaid her 4 times total. They are also full of crap about it being $5800. Our records indicate nowhere near that much.
 
Originally posted by: Vic
Sorry, you should never have cashed the checks.

They were direct deposited electronic payments. The only thing we ever got in the mail was the paystubs whenever they made a deposit to our account.
 
if you can document that you tried to give the money back originally, then i would let them take you to small claims court and tell the judge your story. worst that can happen would be you have to pay it back anyway, but a judge might listen.
 
Originally posted by: ahurtt
Originally posted by: Vic
Sorry, you should never have cashed the checks.

They were direct deposited electronic payments. The only thing we ever got in the mail was the paystubs whenever they made a deposit to our account.

You have tried to return the money, you say. If you have proof of this, and proof of paying taxes over them, they have no case in court.
 
I would almost think that you would need solid documentation of you trying to give the money back to prove no wrongdoing on your part.
 
Originally posted by: ahurtt
Originally posted by: Vic
Sorry, you should never have cashed the checks.
They were direct deposited electronic payments. The only thing we ever got in the mail was the paystubs whenever they made a deposit to our account.
Then you should have moved the funds into a separate account and kept them there.


You don't have to work with the collection agency. Send them a letter to that effect. Get back in contact with the school district and try to make some type of arrangement with them. You may have to go to court. Good luck.


edit: He can get the taxes back even if he has to return the money. The IRS allows amended tax returns going back 3 years. If it's too late for that, he can claim the returned monies as a loss on the returns of the year he pays them.
 
and i wouldn't refer to it as a "debt" , i don't think it falls into that category

it isn't like you signed a contract to borrow money and didn't pay it back

if they try to do something to your credit, look up the fair credit reporting act and dispute it, because this isn't a debt under that law (not that i am a lawyer)
 
That really stinks. I'm shocked they didn't have a system in place for recieving money owed to them.

That said, I don't think debt gets erased after any amount of time. In fact, usually interest is building up the longer one waits.
 
Debt collection agencies get a portion of the whole thing, talk to the school district and see if they'll let you go directly to them. I would be surprised if this is allowed because I'm sure they must be under some sort of contract to prevent this very act, but it would be something I'd be asking.
 
Originally posted by: Jfrag Teh Foul
Originally posted by: ahurtt
Originally posted by: MrChad
Originally posted by: Vic
Sorry, you should never have cashed the checks.

Agreed.

see above. There were no checks. Electronic deposits FTW! next!?

Shouldn't have spent the deposits? /thread.

3 years dude. . .And it's not that we can't pay it back. The point is they screwed up. We brought it to their attention. They didn't know how to tell us to make it right. They sent us away with the money in our pocket. How do I prove that? I can prove I paid taxes on it since they were legitimate payroll checks. But how in all seriousness can I prove I already tried to give it back 3 years ago!?

I love it how somebody elses screw up becomes my fault. . .only in ATOT.
Lack of competence on their part does not equate to financial obligation on my part. I have the money, but that ship has sailed my friend. A little late to be asking for it back now.
 
I know in my state an employer can recover overpayments to employees. We've had to do that where I work and I checked on the legality first hand. I"m sure it varies from state to state though.
 
my feeling is that you had no contract with them, and it was a gratuity. once they thanked you for being honest it became yours free and clear.

that's just my gut though.
 
I would think that if they kept paying you it's their fault. Tough luck. You do need to speak with a lawyer. They gave you something A la a "gift" They gave, and never asked for it back. You paid income tax on it, so to the Gov you should be squared away. Unless there is something clearly written in any contract she may have had with her employer that said you must pay back any over pay.

I've heard of cases like this before and the Judge sided with the person that was given to much money. It is the responsibility of the issuing party to be responsible for it since it is/was their money to give out.
 
Originally posted by: Thorny
I know in my state an employer can recover overpayments to employees. We've had to do that where I work and I checked on the legality first hand. I"m sure it varies from state to state though.

Even if the overpayment was to somebody who was no longer an employee?
She had formally terminated her position by the time they were overpaying her. She formally quit her job but nobody internally ever notified the payroll department.
 
Originally posted by: ElFenix
my feeling is that you had no contract with them, and it was a gratuity. once they thanked you for being honest it became yours free and clear.

that's just my gut though.

It is possible that he could win in court to this effect. However, doing so would certainly cost more than $5800.
 
You also have to remember that you got money without doing anything for it. Daddy always told me that something for nothing would leave hell to pay. Anyway, even if they ever told you that they didnt know how to take the money back, did anyone with authority tell you to just "keep it"? and if they did PLEASE tell me you got that in writing. If not, pay the man.
 
You should have contacted the bank and told them to refuse direct deposits from them. They also may have been able to reverse the direct deposit. At any rate, it was stupid of you to spend the money. Obviously it would eventually catch up with you.
 
Originally posted by: amdskip
I would almost think that you would need solid documentation of you trying to give the money back to prove no wrongdoing on your part.

Irrelevant. Even had I not tried to give back the money (which I did) there was still no wrongdoing on my wife's part or my part.
 
Let me see if my facts are straight.
1) You got money that you didn't earn.
2) You wanted to send it back and even contacted them to send it back.
3) You are contacted to send the money back.
4) You are pissed that you got the moral/ethical thing that you wanted?

Be happy that you got the money interest free for all those years. Do a simple tax form to get your tax money back. Then move on with your life happy as you benefitted from this whole ordeal.
 
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