Reply to Gov’t saying I was overpaid and they want $$ back

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Not at a federal but a private sector job.
They paid for something an employee received (think along the lines of education) which he was supposed to pay back if he left the job before a certain date. He even signed a paper to that effect. 
Well lo and behold he left immediately after the service was provided, and they went after him. He started writing them letters, asking for detailed invoices, sending links to laws saying it wasn’t lawful to request the refund, asking for discounts due to his performance reviews and the value he brought to the company etc.
At some point they just stopped responding. It’s been a couple years now and his credit isn’t affected. He was prepared to fight it in small claims court if they ever turned it over to collection. 
The amount was around $12k.

I think the strategy of sending them letters and wearing them out can work. Ask them whose mistake it was; who was responsible for the oversight of the employment/hr records etc etc. 
I think it will look bad if they turn it over to collection. Then you go to small claims court and it will be too costly and bad for their reputation to fight it. [/quote]

I don't think the reputational effects are going to come into play when the government is the employer; the federal government regularly goes after repayment from little old ladies and disabled people when it overpays them social security due to the government's own error.[/quote]

And, would the federal government even go into small claims court?  Wouldn't it just file in federal court from the get go?  It's such an easy case for the government - the material of summary judgment motions.  [/quote]

I doubt they even have to file in federal court.  I am sure there is some sort of administrative proceeding that covers this and they either garnish the overpayment from your check or your tax return.[/quote]

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