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Collections Law/Statue of Limitations on Payroll overpayment

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Expert: John Hall - 7/23/2006


Question
Hi,

I recently received a call from a collection agency demanding payment for an overpayment of payroll wages from my former employer in Ohio.  I told him that I wanted to see proof of that documentation sent to me via US mail.  I also made it a point to tell the collection agency that this was not an attempt to make a payment or payment arrangement but rather to find out what (in writing were they talking about).  As I thought this was some sort of fraud.  I had left the company in 2004 and just now hearing about it in 2006.  So I checked my credit report and low and behold, they reported me for this debt.  It says the last activity date was 2003.  Yes I should have checked this sooner.  My question is; would this be considered a written, oral, or open-ended account?  I am trying to determine when the statue of limitations would end since this is not a credit card but rather a payroll debt.  Any help you can provide would be awesome.

Thanks

Nicole

Answer
This would be easier to talk about on the phone.   I will not charge you just to talk on the phone and we could discuss this in more detail.    214  779-3427  


Under these circumstances, regardless of the statute of limitaitons, there may be another legal doctrine that would make this debt unenforceable.  Call me if you would like.

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John Hall

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Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.

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FREE BANKRUPTCY HELP. If you are being sued, if your home is being foreclosed, or if you are being harassed by bill collectors, filing for bankruptcy may be a quick and inexpensive solution.. The mere filing of a bankruptcy will operate as a federal court order (it is called an automatic stay) to stop all bill collection efforts, including lawsuits that are pending or ongoing. Bankruptcy is a legitimate way to meet your problems with debt head-on. The bankruptcy law is designed to give you a second chance to make a new start without the psychological and financial burden of pressing debts that you are unable to pay. Depending on what state you live in and what your assets are, it is very unlikely that you are going to have to lose anything if you file for bankruptcy, and this is something that you can do immediately without having to pay the $500 to $1,500 attorney fees that most attorneys charge. Also, you might be surprised that you can file for bankruptcy and that it will not have the devastating effect on your credit that most bill collectors describe. Life is too short to have all this anxiety over losing your car through repossession, getting evicted from your home, or losing your home through foreclosure. Bankruptcy law was designed to give you a second chance. I will not charge you just to talk on the phone. Call me at 432 853-5711, or send me an email at j_h14@hotmail.com with your telephone number, and I will call you back.

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