Legal Question in Credit and Debt Law in North Carolina

I resigned from my ex employer and due to them not taking me off payroll I was over paid. Now they are asking for the money back a month later. We are trying to work out an agreement on how much to pay back and I said I could do about $50.00 a week. They came back and said that would not work and if I can't pay at least $165.00 a week then they would just take me to court. I don't know what to do because if I paid $165.00 a week that would put me in a bad finical situation.


Asked on 12/28/12, 8:16 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Thank you for re-posting. I suspected that this was an employment situation, but I didn't want to assume. I would stick to what you feel that you can pay and not pay a penny more. They could go to Court, but it is pretty meaningless unless the amount you owe is high or they can prove you acted wrongfully in accepting the money. Lets say the amount is low and you reasonably believed that you were entitled to the money. They can sue, and get a judgment. They may try to scare you that they will ask for attorney fees, but this is very unlikely to be granted.

If they get a judgment, they can't garnish future wages from you. They can only get paid if you have property that can be taken by the Sheriff to sell or if you voluntarily paid. They are better off taking what you offer. If they do sue, you should speak to an attorney to get a thorough explaination of exemption law- which is what protects your property from the Sheriff

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Answered on 12/28/12, 8:26 am


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