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      11-04-2013, 01:27 PM   #23
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Make sure you get documentation of the whole mess so you don't end up paying taxes on money you didn't get to keep.
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      11-04-2013, 01:35 PM   #24
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Originally Posted by Mr Tonka View Post
All valid points. I'm just curious what their recourse is other than court or collections.

And OP, before you go on a shopping spree, send me 25% for online consulting fees.

Maybe this is "hush" money of sorts so you don't get legal on their asses. ??
LOL, sure just send me your bank account number, billing address, and ssn. I will wire you the money.
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      11-04-2013, 01:39 PM   #25
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LOL, sure just send me your bank account number, billing address, and ssn. I will wire you the money.
What, no mothers maiden name??
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      11-04-2013, 01:42 PM   #26
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Well, I just sent an email to HR asking what those payments were for. Maybe they will let me keep it
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      11-04-2013, 01:47 PM   #27
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Well, I just sent an email to HR asking what those payments were for. Maybe they will let me keep it
you should have phrased it: I'm assuming the additional payments deposited in my account are reimbursement for my pain and suffering endured while under direction of (insert dick head boss's name).
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      11-04-2013, 01:55 PM   #28
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They will get the money back.

What they will have a very, very hard time getting back however is any additional 401K contributions they made from those pay-periods. Consider that as your little bonus to keep.
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      11-04-2013, 02:04 PM   #29
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Originally Posted by F32 View Post
They will get the money back.

What they will have a very, very hard time getting back however is any additional 401K contributions they made from those pay-periods. Consider that as your little bonus to keep.
I'm glad I contribute 15% of my paycheck to 401K then.



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What, no mothers maiden name??
ahh yea, you can slide that my way too and while your at it give me the make and model of your first car and childhood best friend's name. It will make it easier to transfer you the money .
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      11-04-2013, 02:43 PM   #30
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I'm glad I contribute 15% of my paycheck to 401K then.





ahh yea, you can slide that my way too and while your at it give me the make and model of your first car and childhood best friend's name. It will make it easier to transfer you the money .
I'm starting to suspect that you are a nigerian prince. If so, you should already have that information as i've given it to you several times now!

haha
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      11-04-2013, 03:24 PM   #31
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Knowing they will eventually take back the money....you could keep it as long as possible to earn the interest on it! Usually when companies take back the money, they don't include the interest (unless it is a huge amound) rather just the money that was deposited.
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      11-04-2013, 03:27 PM   #32
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Knowing they will eventually take back the money....you could keep it as long as possible to earn the interest on it! Usually when companies take back the money, they don't include the interest (unless it is a huge amound) rather just the money that was deposited.
Hmm... still no response yet from HR. Maybe, she will just keep quiet and I can keep the money. I am sure she doesn't want to notify her boss that they have been paying me for these couple months.
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      11-04-2013, 03:42 PM   #33
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let's say this goes on for years. empty your bank account every month, transfer all your assets to a trust etc.

ultimately they will ask for it back (they can't "take" it back), and you declare bankruptcy.
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      11-04-2013, 03:45 PM   #34
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Originally Posted by bosster hymen View Post
let's say this goes on for years. empty your bank account every month, transfer all your assets to a trust etc.

ultimately they will ask for it back, and you declare bankruptcy.
If I were single and had no obligations, I would consider moving to southeast Asia and living off the funds. Too bad this didn't happen about 5 years ago and making this salary.
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      11-04-2013, 04:08 PM   #35
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Originally Posted by bosster hymen View Post
let's say this goes on for years. empty your bank account every month, transfer all your assets to a trust etc.

ultimately they will ask for it back (they can't "take" it back), and you declare bankruptcy.
Sounds like a good plan, however given he's contributing 15% to his 401K...at the current max contribution limit of $17,500, that means he makes less than $115K. Say it goes on for three years...it's not worth filing bk for $300K.
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      11-04-2013, 05:04 PM   #36
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I had this exact same thing happen to me about 7 years ago, including the 401k. After the 3rd check (I figured the first one was just the delayed check, by the second one I figured out something was wrong and contacted them, but they didn't get back to me before the third check came). I paid them back but they told me they couldn't do anything about the bonus 401k contributions. I also asked for a letter that I could show the IRS if they screwed up my W2s stating precisely how much I had actually made that year.
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      11-06-2013, 01:00 PM   #37
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Take the money, go to Vegas. Invest it all on the Roulette wheel. Take all your winnings, put the original amount aside to give back to them, and enjoy the surplus.


Please note: I'm not terribly good at statistics & probabilities, I suppose there is a minuscule chance this could end badly.
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      11-06-2013, 01:50 PM   #38
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Quote:
Originally Posted by Mr Tonka View Post
All valid points. I'm just curious what their recourse is other than court or collections.

And OP, before you go on a shopping spree, send me 25% for online consulting fees.

Maybe this is "hush" money of sorts so you don't get legal on their asses. ??
To answer your questions, and this does vary by state since different states have different laws. Companies have any number of recourse to get their money back. One is to just pull it back since most direct deposit agreements you set up says the one making the deposit also has the right to withdraw if required. As some people said go spend the money, yeah not a good idea. I know someone who did this, he claims it never dawned on him that it was not his to spend. Needless to say he was sued and end up paying it back with penalties. The judge also threaten his with criminal charges if he did not repay in a very short period of time.

Believe it or not with larger companies this happens more times than not, I have heard of this happening many times. A person is no longer with a company but the checks keep coming and it is usually a screw up by someone in payroll. Also, company are required to pay you anything they owe you by your last day, unless you agree to something different.

To your point, the best advice is to act as if it was your company and how would you like your employees to act if this happen to you. But you have no requirement to tell them, but do not spend it since they will eventually figure it out and want it back.

Last edited by Maestro; 11-06-2013 at 05:28 PM.
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      11-06-2013, 01:57 PM   #39
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To answer your questions, and this does vary by state since different states have different laws. Companies have any number of recourse to get their money back. One is to just pull it back since most direct deposit agreements you set up says the one making the deposit also has the right to withdraw if required. As some people said go spend the money, yeah not a good idea. I know someone who did this, he claims it never dawned on him that it was not his to spend. Needless to say he was sued and end up paying it back with penalties. The judge also threaten his with criminal charges if he did not repay in a very short period of time.

Believe it or not with larger companies this happens more times than not, I have heard of this happening many times. A person is no longer with a company but the checks keep coming and it is usually a screw up by someone in payroll. Also, company are required to pay you anything they own you by your last day, unless you agree to something different.

To your point, the best advice is to act as if it was your company and how would you like your employees to act if this happen to you. But you have no requirement to tell them, but do not spend it since they will eventually figure it out and want it back.
good points (can't confirm since this hasn't happened to me so never been my problem). though i'm pretty sure when it's cash, an accidental payment is on the payer, the payee has a right to keep it. so if this happens at a blackjack table, just shup up take your money and go, lol
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      11-07-2013, 07:53 AM   #40
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Happened to a friend of mine but he was fired... and they came back to take the money and he said try it and he would sue for wrongful termination... he kept their money and nothing else was ever made of it. only went on for about 2 months.
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      11-07-2013, 09:46 AM   #41
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Get few checks for a month pay and change your bank account number so they can't get their money back. Easy.
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      11-07-2013, 11:17 AM   #42
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Get few checks for a month pay and change your bank account number so they can't get their money back. Easy.
This is a good idea, because they most likely will not have his full name, address, social security number, or any other means of tracking him down in less than 2 minutes.

OP, what have you bought? Post pics!
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      11-07-2013, 11:29 AM   #43
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Happened to a friend of mine but he was fired... and they came back to take the money and he said try it and he would sue for wrongful termination... he kept their money and nothing else was ever made of it. only went on for about 2 months.
Yeah that works, but does not work with all company, I would hope he did not make his statement in writing.
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      11-07-2013, 11:31 AM   #44
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This is a good idea, because they most likely will not have his full name, address, social security number, or any other means of tracking him down in less than 2 minutes.

OP, what have you bought? Post pics!
this isn't a bank, its a payroll department. they cant do anything with that info other then go to court and try to prove that you quit a month before. and before they try to do anything, most likely they will call first and ask to return the money, thats if they actually remember to do anything.

actually all depends on who big is your paycheck

Last edited by Kolyan2k; 11-07-2013 at 12:08 PM.
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