Legal Question in Consumer Law in Florida

fair collections?

My previous employer claimed I was overpayed in salary and I had to pay back a financial institution they used for payroll. I was told I had no choice but to pay it back. I've been making payments (garnishing wages), but I was recently laid off. I called them to see if they would work with me on my payment plan (since previous payments were garnished). They refused and said they would take the normal payment of $209.22. They lied. They garnished the entire amount of my last 2 paychecks (one for hours worked and one for vacation pay). Totaling over $1300.00. Now they're threatening legal action for the rest! What can I do? I've tried to keep contact with them, but they constantly lie.


Asked on 10/28/07, 8:37 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: fair collections?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Not much. If you were overpaid, then they have the right to reclaim the funds. You need to try and work this out with them. If you cannot do it on your own, you may wish to have an attorney intervene and try to resolve this amicably.

Scott R. Jay, Esq.

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Answered on 10/28/07, 11:08 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: fair collections?

If your agreement to repay what is owed was in writing, then they are stuck with that arrangement. If not in writing, you may be out of luck.

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Answered on 10/29/07, 5:41 pm


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