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re: nm

Posted on 4/16/15 at 10:44 am to
Posted by AnonymousTiger
Franklin, TN
Member since Jan 2012
4863 posts
Posted on 4/16/15 at 10:44 am to
There should be no situation where you keep this money. Your employer should also be able to recoup 100% right away without working out any deals with you. You were wrongfully in possession of someone else's property and need to return it without hesitation.
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6310 posts
Posted on 4/16/15 at 10:46 am to
Thank you for the clarification. The problem that I was worried about is I move everything to savings and try to keep little in my checking. I was worried about an overdraft if they pull it out.

Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79322 posts
Posted on 4/16/15 at 10:47 am to
quote:

There should be no situation where you keep this money. Your employer should also be able to recoup 100% right away without working out any deals with you. You were wrongfully in possession of someone else's property and need to return it without hesitation.



Maybe. And perhaps so in this scenario. But what if your insurer miscalculates your overpayment, pays you, and you put a downpayment on a house bigger than you otherwise would have?

There are usually statutes or doctrines addressing such issues with payment recoupment. I don't practice in VA so I don't know if they have such a doctrine or whether it would apply here. If you can't repay the money, or don't think you should have to, get a VA attorney.
This post was edited on 4/16/15 at 10:48 am
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