WEST VIRGINIA RECORD

WINFIELD –- An Ohio bank is suing a Putnam County woman to recoup nearly $35,000 in overpayments she received from her retirement plan.

Drema F. Hodges is named in a three-count lawsuit filed by Huntington National Bank in Putnam Circuit Court. In its complaint filed on Aug. 9, HNB, as trustee of the retirement plan of the employees of Herbert J. Thomas, alleges Hodges, 70, a Hurricane resident, knowingly accepted overpayments from the plan for five years.

Based in Columbus, Ohio, HNB has locations throughout West Virginia, including Charleston.

According to the suit, Hodges worked at Thomas Hospital in South Charleston until June 1, 1998. The suit does not say when she first started working there or what job she performed.

Nevertheless, she opted to take early retirement. By accepting early retirement, she was to be paid $590 a month from June 1998 until December 2004 when she turned 65.

The suit alleges Hodges continued to accept the $590 monthly payment from January 2005 until August 2009. HNB avers "Hodges was aware or should have been aware that such payments were in excess of what Ms. Hodges' was entitled to receive and elected to continue to receive such overpayments even though she knew she was not entitled to the same."

In accepting the overpayments, HNB accuses Hodges of unjust enrichement and breach of contract. It says the overpayments made to Hodges totalled $33,093.20. In the year since discovery of the overpayments, and the filing of the lawsuit, HNB maintains Hodges has "failed and refused, and continues to fail and refuse" to repay it.

Huntington seeks judgment against Hodges for $33,093.20, the total amount of the overpayments, plus court costs and post-judgment interest. They are represented by Robert Bandy with the Charleston law firm of Kay, Casto and Cheney.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-268