Legal Question in Business Law in California

My fiance is a nurse, he received his weekly paycheck last week and we cashed it without looking at the amount (we figured, same as always) and we don't get paper receipts, we have them emailed to us and we hardly ever actually look at them. It turns out, they grossly over paid him, however we have automatic bill pay attached to our account and it took money out of that sum. They are now demanding we pay it back even though it was the fault of the company to which they outsource their payroll. Since we don't have the money, we offered to sign a waiver allowing them to garnish his wages down to minimum wage (which isn't much since he only gets paid 9 an hour to begin with, but it's all we can do right now). They are saying it is whithin their rights to garnish him down to 50% pay (which would be around $4.50) and/or sue us in small claims court, since they don't believe we didn't realize the check was so much. We are poor, even on food stamps, but we are honest people. Had we noticed we would have tried to fix it right away. The difference between what he was due and what they gave him was about 1200. Please, someone let me know what my best course of action is. Thank you!

Meghan

Asked on 6/11/13, 9:30 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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I'm having trouble understanding how you can have automatic bill pay set up on a fixed amount, that takes out more when you accidentally have more deposited into the account.

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6/12/13, 6:51 pm

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