payroll overpayment

dear atty.,

I resigned last year from a private company (call center). Just today, I received a demand letter for payment because they said they overpaid me for my payroll. They said that they are still crediting me directly thru my atm till August 2010 ( I resigned July 2010). I called the bank that's handling the payroll but they said that they will only mail the copies of the SOA to the company because it's a payroll account. I cannot dispute their claim unless I have a copy of the bank statements. And if ever that they did overpay me, can they can file a suit if I cannot return the money? They are asking 42K in return and I don't have that cash. The reason why I resigned is because of my sickness and I cannot work until now.

Thank you so much and God Bless

did you receive the money or not? did you withdraw it?

I cannot clearly remember atty on how much was credited to my payroll. I was thinking that it was still part of my payroll because its being credited to my atm. I did withdraw it thinking it was my final pay for I have unused paid leaves (company policy to be refunded if unused). They said 42k was accumulative not a 1 time credit atty. I cannot dispute this for I have no bank docs on how much was actually credited to my payroll account within that period of 2 months. thank u

if you were overpaid, you have the obligation to return it. ask them for proof and accounting of these cumulative payments.

i would not agree that a bank cannot give statements even if it is a payroll account. that is your account and they are obligated to retain and inform you of your records.

question:
what if the company does not ask for it back? is there a specific time frame where the company should ask for it? and if that time expires can we keep or use the money?

what if we're not sure if that was actually an overpayment or a reimbursement or a bonus that we never get while we worked there and assumed that it was really meant for us.

You have the obligation to return it. Yes, but it will be counted from the time they have learned of the error in payment.

If you are not sure, you can always ask the company.

ibonidarna wrote:You have the obligation to return it. Yes, but it will be counted from the time they have learned of the error in payment.

If you are not sure, you can always ask the company.

does that mean I can keep the money because they are not asking for it? for how long would that be?