In Colorado what actions may an employer take to recover wages that have been overpaid to a former employee? Is it mandatory to take the issue to court before collection of the money can begin? What charges can be added to the balance? Please help.:confused:

In Colorado what actions may an employer take to recover wages that have been overpaid to a former employee? Is it mandatory to take the issue to court before collection of the money can begin? What charges can be added to the balance? Please help.:confused:
The employer can go to court,and get a judgment then he can garnish your wages,with the new employer. Pretty cut and dry.
JoeC

You say they have to get a judgement? Does that mean this MUST go to court before I can recover the money paid to the employee? :eek:

You say they have to get a judgement? Does that mean this MUST go to court before I can recover the money paid to the employee? :eek:
You say that like its a big deal, any time some one welches on a financial transaction it has to go to court. You can send him a certified letter demanding payment, maybe he will pay, if not you get a judgment.
JoeC

Have you simply asked the employee to repay? You don't have to go to court if you can come to an amicable agreement between you.

I am new to this and have never had an employee do something like this. Apologies if I sound undereducated on the subject. I guess I thought it might be as simple as writing an invoice and sending them to collections. Is there a statute of limitations to deal with this?

I am new to this and have never had an employee do something like this. Apologies if I sound undereducated on the subject. I guess I thought it might be as simple as writing an invoice and sending them to collections. Is there a statute of limitations to deal with this?
Collections why ? They would take a cut ,and only do the same thing.
JoeC

My business partner ignorantly bounced a check to the employee and when the employee submitted a demand for payment he fought it and refused. Three weeks later I heard about it and paid. In the meantime the first check cleared on its second time through without my knowledge. I suspect the employee was making sure the other checks cleared. When I demended payment he sent a check for half and noted expenses from NSF fees to charges he incurred because he was prepared to take it to small claims. Again, my business partner was stupid and sent him an invoice and threatened to send him to collections and accused him of fraud. He also (not at my direction) back dated the checks that were issued later. He sent another letter threatening collections and stated the check was rejected. If I had been dealing with it I would have taken the money and been done with it. The difference is $400 which in the grand scheme of business doesn't mean a lot. Especially when you consider the trouble that we could have gotten into with the department of labor and losing in small claims because we didn't respond in a timely manner (10 days I believe is the time we had).

Bottom line the guy owes you $400. you can get it back legally or write it off.
JoeC

Bottom line is take it to court.
There is no other option except to take it as a loss?
There is no statute of limitations?

Will we look like idiots in court for how my business partner has handled this?