CO and SOL date from university
Date: Fri, 05/08/2009 - 08:29
I was contacted by an credit recovery agency last month about on overpayment from my job I left in Sept 1999 at a University in CA. They overpaid me by two checks that were direct deposited into my house account (at this time I was living in OH. I now reside in MA.
I told the women from the CA that I needed documentation of this overpayment and she sent me a paper that did not give a breakdown or accounting of how they (the University) determined this overpayment. She said that was all of the information that they had. I asked when their agency was "assigned" or sold this debt for collection and she stated that they received it on Feb 27th 2009. When I said something about the University "selling" them this debt, she said that they "work" for the University. I then said that I needed information that was on the Universities letterhead or a number that I could call the institution directly and get this information for my self. She said that it was not the procedure at her agency to provide this information and that even if I did call the university that they would only refer me back to her CO agency.
Upon doing research over the internet I happened upon the accounting manual that this particular school uses.
and it said in their policy guidelines (dated 3.07)
Statute of Limitations;
Amounts owed by the employess and students are subject to the SOL.
1. Employees
For amounts owed to the University (other than student loans),
there is a four-year SOL on pursuing collection through the courts. Under CA law, the University is barred from suing OR FROM TURNING OVER THE DEBT TO A COLLECTION AGENCY AFTER FOUR YEARS. For example, if an employee was overpaid, this statute would govern the time limit in which the University to sue to recover the overpayment (this was the example they used in the manual).
The four years would have been up on 11-2004 under CA law, under MA law it appears that the SOL is 6 years (which would have made the SOL as I understand it 11-2006
My question is, are they required to give me this information that shows when they got this debt (because if the University DID sell them or "assign" them this debt this year...then by the universities position on collection of this debt the time ran out a couple of years ago.
Also, what would suggest that I do in this case.
I want to send them a xerox and the attendant information from this accounting book of the University, but I need to make sure of the date they received the contract from the institution.
Or should I just send them a cease and desist letter with this information in it.
thank you
Was this a state or public university? If so, it would change t
Was this a state or public university? If so, it would change the rules since it could be deemed a public debt.
Again, to carify
I did not take out a loan and was not a student at this institution.
In the manual the next one under the above reference I gave says.
2. Student Loans
For Federals Perkins Loans and those loans made under the U>S> Depart of Health and Hum. Serv.,(e.g. Health Professions loans) federal law will govern collection procedures and will preempt the four-year CA. SOL. For all other institutional loans that have no federal funding of any sort, CA statute of SOL will apply. Other resources include placing a hold on services and the tax refund offset mechanism mentioned below.
I may have not of mentioned, but I was hired staff at this institution and not a student.
thanks again for your help.
Hi, The quote the original poster pasted is from the Universi
Hi,
The quote the original poster pasted is from the University of California Office of the President Accounting manual for Receivables Management, page 8 [Section (I)(e)(1)], so I'd say it's pretty authoritative and clear. If the dates you mentioned are correct (and I say that for neutrality purposes - I am not questioning the accuracy of your information) then you should have no problems.
Yes, I would write them a Cease & Desist letter. Include the Acct. reference and the relevant dates: your last date of employment at the University, the date of the overpayment, and the SOL dates you have mentioned. If they persist in their efforts, definitely file complaints with the FTC, and the State Attorney General's office. If they should be foolhardy (it's possible, junk debt buyers are like not-so-smart bombs - they attack indiscriminately and often hurt innocent people) enough to try to sue you, you should win and get damages for FDCPA violations, which is $1000 plus possible attorney fees and court costs.
I doubt that they "work" for the University, I am going to go with the idea that they are a junk debt buyer. So out of curiosity, I must ask who is the collector?
State school debts are not sold to CA's...they are assigned. Si
State school debts are not sold to CA's...they are assigned. Since this is a state school, it can be turned over to the state francise tax board for taxoffset
Just curious, if you knew they over paid you by two checks why d
Just curious, if you knew they over paid you by two checks why didn't you just call them or send them a check back?
My immediate supervisor told me to look at the checks as "severa
My immediate supervisor told me to look at the checks as "severance pay" due to some things that led to me leaving that job.
So I took his advice.
tax off set
Yes ,that is what the manual said as a remedy. Since I no longer reside in that state, I will go and look up and see what kinds of taxes are outstanding on this and pay them.
The name of the Collection agency is...
Immediate Credit Recovery INC. Out of Wappingers Falls, NY.
They claimed that they were representing the University, I pretty much knew it was BS when I read the above mentioned information that the Univer. would overlook their own SOL policy and "outsource" the debt after so many years and possibly opening itself to litigation see highly suspicious.
thanks you so much for your input, my intuition about this appears to be correct. Have a good holiday.
You should have checked with payroll...a supervisor cannot set p
You should have checked with payroll...a supervisor cannot set policy.
The CA does represent the school...if you read their website you can safely assume they are doing third party for the education field which is the norm.
Just curious, if you knew they over paid you by two checks why d
Just curious, if you knew they over paid you by two checks why didn't you just call them or send them a check back?
*post edited by FYI for personal attacks
Soaplady
Yes, one would be able to safely assume that, but, the fact is that it states in the institutions own policy manual governing receivables that the university is barred by CA law not to sue or turn over the debt to an collection agency after 4 years...it had been 7 years when this agency contacted me.
I understood then that a superior could not set policy, but in light of the madness that myself and a few other employees went through due to this departments negligence and incompetence, I too felt that I deserved the money. I am one who pays their debts not shirks them if those debts are legal and deserved...no problem, but, as it sometimes happens...things are not always in black and white. And being one of the "little" people fighting a Goliath with a legal department with much greater funds and resources...sometimes one has to just move on...and that is what I did.