If you have been paid unemployment insurance or state disability insurance for which you were not eligible, you will receive a Notice of Overpayment mailed to you. It shows the amount of overpayment and any penalties, explains why you were overpaid, and provides information on your rights of appeal. For non-fraud overpayment, you are not at fault for receiving the overpayment. You may still be ordered to repay, or you may not be required to repay, depending on circumstances.
For fraudulent overpayment, where you knowingly gave false information or withheld information, you have received the benefits illegally, and you can be prosecuted and be penalized 30 percent of the amount of overpayment and a false statement disqualification of 5-to weeks in which you will not be eligible for benefits.
You must also pay the overpayment and the penalties. Money may be deducted from your future weekly unemployment or state disability benefits by the EDD. The EDD may resort to filing a claim against you in court. You would be charged for the court costs plus interest and a lien recorded on your property. The most important thing to do is to secure an attorney and communicate with the assigned tax collector as soon as possible after receiving notification of overpayment or other debt.
The tax collector may be the one to determine resolution; you will not face a judge or a jury. You will be in deeper trouble if you try to evade the tax collector. Engage the services of an attorney, so the underlying validity of the assessment is investigated. If the EDD did not follow procedure, you owe nothing.
As you can see, the EDD has multiple methods of taking your money if it believes you have received benefits you should not have, all perfectly legal. However, it does not necessarily follow that they are right. Always respond as soon as possible to notifications of government debt, but get a lawyer in your corner to make sure the assessment is valid and to guide you through the repayment process if you are not able to pay in full.
Owing money is almost never funny, but before or after sobbing or cursing aloud and kicking the nearest tree, give me a call. Have you moved or changed banks? Check the ZIP code distribution list below for key dates. Did you owe the state money or break even? Some 34, direct deposit payments will go out beginning Friday. By Monday, Nov. Postal Service. The FTB says it could take checks up to three weeks to arrive in mailboxes.
If you do not meet eligibility requirements, we will send you a Notice of Determination DE Z , which you can appeal. If you do not qualify for an overpayment waiver, you will be required to repay the conditional payments.
An overpayment is when you receive benefits you are not eligible for. You will have the right to appeal this determination and overpayment and be reconsidered for an overpayment waiver. For more information, visit Overpayments and Penalties.
If we need to confirm your eligibility for unemployment, we may schedule a phone interview with you. The date and time of the interview is also available on your UI Online homepage. If you need to reschedule your interview, use UI Online or contact us.
You must reschedule at least one day before the interview. If you do not receive a call from the EDD at your scheduled appointment time, we may have canceled your appointment because we confirmed your eligibility or resolved the issue before your interview.
If your appointment has been canceled, it will no longer display in UI Online. Check UI Online for your current payment status. Important: If you miss your phone interview, we will make a decision based on the available facts, which could result in your unemployment payments being delayed if you have not yet received any benefits on your claim or denied.
Be prepared to answer those questions. An EDD representative will call you at the scheduled time. During your interview, you may be asked to provide additional information. The interviewer will give you instructions on how to submit any required information. After the phone interview, if you are eligible for unemployment, we will process your payments if you have not already received a conditional payment.
If you disagree with the decision, you have the right to appeal the decision. The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides.
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