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Old 06-20-2014, 07:18 AM
 
790 posts, read 1,268,022 times
Reputation: 1029

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Took another job and I took some vacation time at my former employer, according to the former employer my vacation time had not yet been "accrued" therefore causing them to pay me an overage and I have to pay it back. Its been 3 months since I left and now they sent me a threatening letter stating if I don't pay the the $300 some odd dollars, they are going to report me to a "collection and reporting agency". I LOLed at the letter becuase they gave me the vacation time to use and I took it. I have the money but refuse to pay them out of principle. I could care less if they send some scumbag collection department after me I just dont want this to appear on my credit.
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Old 06-20-2014, 07:19 AM
 
2,283 posts, read 3,855,282 times
Reputation: 3685
Yes. They can report this as a bad debt.
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Old 06-20-2014, 07:39 AM
 
Location: Austintown, OH
4,269 posts, read 8,170,550 times
Reputation: 5508
If they owed you Vacation time and were supposed to pay you out for it, I bet you'd be demanding they do so.

Same rules apply here.
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Old 06-20-2014, 07:45 AM
 
790 posts, read 1,268,022 times
Reputation: 1029
Quote:
Originally Posted by IonRedline08 View Post
If they owed you Vacation time and were supposed to pay you out for it, I bet you'd be demanding they do so.

Same rules apply here.
Maybe, but I couldnt "report them" to a reporting agency if they owed me. It's not "debt" its time owed/payed etc... I guess I should consult a lawyer instead of CD forums lol I will get back to the board with updates from a reliable source.

On a side note, the way some of you shills support these corporations make me laugh. You are so loyal to them but they would ********* over in a second.
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Old 06-20-2014, 07:59 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,686,254 times
Reputation: 26727
So you were given time off for a vacation, were mistakenly paid for all of it while some should have been taken as unpaid (which I'm sure you already knew) and now you think it's perfectly OK to slough off their request to repay the money you wrongfully received, "out of principle"? Good luck with your "principles" and I'm glad you find the responses from so many "shills" to be so amusing. Once you consult with an attorney, do be sure to revert with the advice you're given.
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Old 06-20-2014, 08:09 AM
 
790 posts, read 1,268,022 times
Reputation: 1029
Just did a quick call to a lawyer in my town and he stated that the company could sue you in court but since you do not have a "debt agreement" they legally cannot report you to one of the 3 credit reporting agencies. In regards to the "debt collection agency", he said they can use a 3rd party vendor in an attempt to collect the funds from you but they cannot report to the agencies either. Which is what I figured, typical scare tactics from a conglomerate lol. Def not going to pay them, they can spend thousands to try and get the money if they want.

MODS: Please close this thread.
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Old 06-20-2014, 08:11 AM
 
Location: Key West, FL
493 posts, read 980,519 times
Reputation: 437
It is a debt so yes, they can send it to collections in which case it would appear on your credit report. They could also take you to small claims court, although from the employers perspective that would probably be too much of a hassle.

If you want to fight the $300 then you need a lawyer, not CD. There might be a loophole in your employment contract or a specific state law you can leverage. Then again, you will pay more than $300 for a lawyer, and depending on how quickly he works it might get put on your credit report before the legalities are figured out.
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Old 06-20-2014, 08:15 AM
 
Location: Key West, FL
493 posts, read 980,519 times
Reputation: 437
Quote:
Originally Posted by The b8nk View Post
Just did a quick call to a lawyer in my town and he stated that the company could sue you in court but since you do not have a "debt agreement" they legally cannot report you to one of the 3 credit reporting agencies. In regards to the "debt collection agency", he said they can use a 3rd party vendor in an attempt to collect the funds from you but they cannot report to the agencies either. Which is what I figured, typical scare tactics from a conglomerate lol. Def not going to pay them, they can spend thousands to try and get the money if they want.

MODS: Please close this thread.
Well, that's good news for you, minus the sue in court part. Personally, I'd keep a close eye on your credit report over the next year just to make sure that it doesn't get reported. And if you are sued, you may be asked to pay back those "thousands" they spent plus court costs and lawyer fees. Depending on how much of an *** your employer wants to be, this could end up being really bad for you, but it is your finances and your decision.
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Old 06-20-2014, 08:30 AM
 
13,131 posts, read 20,980,118 times
Reputation: 21410
Quote:
Originally Posted by The b8nk View Post
Just did a quick call to a lawyer in my town and he stated that the company could sue you in court but since you do not have a "debt agreement" they legally cannot report you to one of the 3 credit reporting agencies. In regards to the "debt collection agency", he said they can use a 3rd party vendor in an attempt to collect the funds from you but they cannot report to the agencies either. Which is what I figured, typical scare tactics from a conglomerate lol. Def not going to pay them, they can spend thousands to try and get the money if they want.

MODS: Please close this thread.
Your "lawyer" did not give you the whole picture.

Your "lawyer" is correct that the employer and the collection agency they use can not report it a a debt because there is no agreement. They can call and mail and call and mai but they can;t place it on your credit report. But, your "lawyer" didn't tell you the whole story; if you are sued for the money and they win, the COURT will issue a JUDGEMENT and that WILL be on your credit report. Having a bad debt on your record is bad, but having a judgement is a killer. As an fyi, its not uncommon for large corporations to sue just to get that judgement because with it, they can garnish your wages with your new employer. Plus in a civil court case, you pay their legal expenses.

Is this really the battle you want to fight with them?
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Old 06-20-2014, 08:34 AM
 
2,283 posts, read 3,855,282 times
Reputation: 3685
Stupid is as stupid does.
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