State v. Adams

Quaere: What is the appropriate procedure for the State to recover alleged overpayments of salary previously made to state employees?

The trial court held that the State may not effect recovery by summarily deducting amounts from the employees' future paychecks, but instead must file a civil action seeking a money judgment in the amount of the alleged over-payments. The trial court further held that the State's present declaratory judgment action did not seek such a money judgment and dismissed the action, requiring the State to file a new action if it wishes to collect the claimed…