Legal Question in Civil Litigation in North Carolina

My husband left a big company after 17 years with a vested retirement in 1987. He has been receiving a pension from that retirement for 15 months. He received a letter recently that there was an audit, and that his pension has been overpaid, and that he would have to pay back the overpayment in 30 days, or it would be turned over to a collector. Does my husband have any kind of legal rights? Is he entitled proof of overpayment? And is 30 days reasonable to pay it back, when they took 15 months to overpay?


Asked on 1/03/13, 8:25 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

You should demand proof and you are entitled to it. If they refuse, let them send it to a debt collector. Under the Fair Debt collection and practices Act, once the debt collector contacts you, you can request proof of the alleged debt, and they are required to provide you with that proof, or you could sue them for statutory damages. If they are continuing to pay the pension and just want a repayment, you may not have much of a problem. If your husband's payments have stopped, thats another story and you may want to consult with an attorney

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Answered on 1/05/13, 12:48 am


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