Legal Question in Credit and Debt Law in North Carolina

Thank you, Kenneth love

I have added the amout at the bottom do you think it would be worth it to them to take me to court?

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. The full amount is $1570.00. We were on a 3 week back pay so i didn't know when my last check was, so they ended up paying me for two and a half more weeks then they should have.


Asked on 12/28/12, 9:27 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

I would stick to your guns and pay what you could afford. That amount is very low...they may try to go to small claims court and get a judgment but at the end of the day it is practically worthless unless you have property that is not exempt.

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Answered on 12/28/12, 9:30 am

Let them take you to court. They will not be paid any quicker. If they want to be stupid, its their Constitutional right.

While $50 is all you can afford, that really is not reasonable. They are not there to be a bank. I would start paying that money to yourself. If you can add more, do so. When you have the full sum to pay, then make one lump sum payment to your employer. If they sue you in the meantime, so be it.

If they sued in small claims, it does not cost too much to file suit and have you served - maybe around $110 ($80 to file and $30 if the sheriff serves you). The costs are tacked onto the judgment if they win so you end up paying those too. Judgments earn interest at a rate of 8% per year that accrues on a daily basis when the judgment is entered.

While this would mean you pay back more ultimately, there really are not many options here if they will not work with you. You either suck it up and pay more, borrow the funds from another source or let them get a judgment and pay them as you can (you can pay the clerk of court directly if you want) but I would just save up and pay one lump sum when you are able.

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Answered on 12/28/12, 11:19 am


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