Company Overpaid Me And Now Wants The Money Back

[akwakne]

I live in Broome County NY, and back in 2004, I was regularly receiving checks from a company. These checks were reimbursement checks for mileage and trips, however I called them three times when checks seemed out of the ordinary. I was told those payments were made in error and to return them. I informed them on the last call I had not been keeping track of which trips had been reimbursed and which had not and that if the checks were in the proper dollar range they would be cashed so they needed to fix their errors.

Fast forward three years, I no longer get these checks and they are telling me now I owe them $19,000 for over payments. I informed them there was no way it could be this high and demanded to see the canceled checks. Approximately $4,000, do have my signature. The others have my name forged, and I know who has done it. When I went overseas I had a friend who handled my stuff for me, and my name was forged during these times and also matches the signatures on the forgeries when I was in the US. The totals on these checks is $15,000 approximately. I am disabled now and they are trying to sue me, I know I am "judgment proof" as I only collect Social Security. However now they are talking about potentially coming after me criminally. I can not afford an attorney and am wondering if there is any way to get a court order for the bank to reveal whose name the account is in that the checks were cashed through, it is not my account. I believe that maybe with this I can present the facts to the companies attorneys and avoid criminal charges being passed my way.

[Mr. Knowitall]

If you want the bank records, you would need to subpoena them as part of a civil or criminal case.

Why not simply tell them who your friend is, and ask your friend to pay back the money he stole?

[akwakne]

That is the question more or less can I subpoena them without an attorney?

[Mr. Knowitall]

Are you being prosecuted? Has somebody sued you, or have you sued your friend? If not, then there is no criminal or civil case.

[akwakne]

I am being sued though being on SSD I am "judgment proof" they are continuing forward with the lawsuit but have informed me that if they can not get the money civilly, criminal charges will immediately be filed. Would like to show in the civil case that I am not responsible ad was unaware of most of what was going on to try and prevent the criminal proceedings from even beginning.

[aaron]

You can download a variety of New York court forms here, including subpoena instructions. I haven't checked the specifics, but I suspect you would have to get your subpoena approved by the court.

[cdwjava]

Would like to show in the civil case that I am not responsible ad was unaware of most of what was going on to try and prevent the criminal proceedings from even beginning.

You dodged the previous inquiry about your friend - have you told the company about him? And, have you reported his possible crime to the police?

If you have done neither of these things, don't expect to easily avoid a suit or criminal prosecution - perhaps both.

- Carl