Can a past employer ask for money back if they sent too many disability checks?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a past employer ask for money back if they sent too many disability checks?

My mother has been receiving disability checks from a past employer. They contend that these checks were supposed to expire 4 months ago, yet they “mistakenly” continued to send through last month. The past employer says that she now has to pay them back even though it was their mistake. Does she really have to pay them back? Can they take legal action if she doesn’t?

Asked on April 19, 2012 under Bankruptcy Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Assuming that they are correct and the checks were sent to her by mistake, then yes, they can require repayment, and sue your mother if she does not pay them. A mistake does not create a legal entitlement to keep another's money; for example, if you mother accidentally double paid her utility bill, she would be entitled to get the overpayment back (or at least get a credit vs. future bills). Similarly, if she accidentally received too much money, the payor can seek the return of the overpayment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption