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I should probably give you a bit more background re this matter. This is an attempt to collect an overpayment of benefit by Ca Unemployment. I started to recieve statements from the EDD about 6 months ago. I called and was told that I have been accused of falsifying my claim for unemployment back in 2001. When I fired and filed for benefits, my employer was going under and that was what I based my claim on. Apparently, my employer told the EDD that I had refused to preform my day to day duties (which, by the way, is not true since I was the only employee left and did ALL of the daily duties). After recieving benefits I changed locations several times and never knew that there was a dispute claiming that I willfully made a false statement to obtain benefits.
On the phone I told the person I was speaking to that the company was in fact out of business (he really didn't care). I was told to ask for a hearing. I between my writing a letter requesting a hearing and actually getting one (which is today), the EDD started attaching my wages. Apparently, the judgment was entered on 05/13/03. My big question is to what court do I reference and am I even filling out the right forms?
Thank you for trying. I'm ok for now. I went to court and the other party did not show up so the case was dismissed. I do have one more question if you have a minute... Since my wages were already attached in this matter, what happens next? I guess what I need to know is if there is anything that I need to do in order to get the wage attachment detached? Also, what about the wages that they've already recovered? Will I get those back?
At this link you will find the wage garnishment claim exemption form that you will need to fill out and give to the levying officer.
In California, you must file for an exemption within 10 days after you receive the notice of garnishment. If they deducted more than 25% of your disposable income, you should be able to ask for that back either from the court or from the levying officer.
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