I resigned from my position in NJ and left the company last year. They paid me two additional paychecks via auto deposit totaling approximately $6,000. A few months later, they contacted me via letter demanding that I return the money. I wrote back asking for my last four check stubs (could not access stubs - they were on the company intranet) so I could do an audit of vactation owed, etc. They never sent me the stubs. I received a certified letter last week from the police dept in the town that I worked spinning this as if I stole money from the company with a notice to appear in court (court date TBD). I do not live in NJ any longer. What are my legal rights? If they set a court date and I do not appear, can I be arrested or can I work out a payment plan at that time? I was not happy with the employer when I left so I want to make them follow legal protocol to get the money back. Once they do, I am going to pay it back. Thanks.

There is no legally mandated protocal that they are required by law to follow, and the only legal right you have is to plead with them to work out a payment plan as opposed to writing a check for the entire amount right now (which they have a legal right to demand). You have NO legal right to keep the money and yes, keeping money that you are not entitled to is called stealing.

And, they are not required to pay you for unused vacation time.