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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Overpayment unemployment benefits JA: The Criminal Lawyer

Customer Question

Overpayment unemployment benefits
JA: The Criminal Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Potincially being prosecuted for an overpayment of benefits
JA: Anything else I can tell the Criminal Lawyer before I connect you two?
Customer: We received 3000 overpayment then got letter saying we owed it. We set up payment plan and was paying then stopped because we are Ina chapter 13 so we were going to just file a claim. Then got a phone call from an investigatior saying he's from the unemployment office and wanted to come and just talked with us. Why does he want to come talk to us if they already knew we got overpaid ?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Samuel II replied 8 months ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.I am sorry to hear of this matter. When you set up the payment plan, what were the terms? When you stopped paying did you just stop paying or did you explain you are going into bankruptcy and who did you tell this to? What was the response?
Customer: replied 8 months ago.
to be honest with you we were suppose to pay 85 a month and no sir I did not call them to tell them the situation. I should have.
Customer: replied 8 months ago.
I was sending the payment but just stopped.
Expert:  Samuel II replied 8 months ago.
Thank you.I suggest that is the problem. The investigator wants to meet to find out what is going on and why you are not paying as agreed. The investigator does not arrest. The only thing the investigator can do is maybe renegotiate a payment plan or then report back and they can have the District Attorney bring the unemployment fraud charges. Now, keep in mind, as you probably are aware they really only want their money. They have little interest in prosecution and rarely do unless it is a repeat offense.
Expert:  Samuel II replied 8 months ago.
I suggest, if you decide to meet with the investigator then you can explain your financial situation. You can tell about the bankruptcy. However, keep in mind that debts owed to any federal or state government are not generally subject to discharge. I suggest you can have your bills ready to show how much debt you owe, how much income you make, etc and then talk about a reasonable solution other than the charges being brought.
Customer: replied 8 months ago.
We had and overpayment once before and paid back by good faith. But was never charged with anything. This is the 2nd time it's happened. My husband works for a until. And they lay off all the time and sometimes don't work for weeks and sometimes maybe just work 8hrs that week. We honestly just got screwed up again.
Expert:  Samuel II replied 8 months ago.
I understand. It happens to the best of people. And so this is just something you can't hide from and you should try to meet it head on and work something out.
Customer: replied 8 months ago.
Should I have an attorney present at his meetin? I'm afraid he's only here to incriminate us
Expert:  Samuel II replied 8 months ago.
You can have a local attorney present. Of course, if you don't then at any time you are uncomfortable with talking to the investigator, you can tell him you are not going to answer any more questions and ask them to leave.
Expert:  Samuel II replied 8 months ago.
And you don't have to talk to the investigator at all, if that is your decision. But then charges will more than likely be brought. And you would need to deal with the District Attorney and then you should definitely have a local attorney.
Customer: replied 8 months ago.
In your experience, will my husband most likely go to jail? Or will I?
Expert:  Samuel II replied 8 months ago.
It is my experience that the state only wants it money. And while the one who was collecting fraudulently could be charged and even convicted, I suggest there would be a probation and the money still owed with interest mounting.
Customer: replied 8 months ago.
Ok. But I just don't understand why an investigator is involved if they obviously knew we need we found out we got overpaid because we were in the process of paying it back.
Customer: replied 8 months ago.
We found out yesterday by looking in mo casement that they've already filed a civil suits for the money. So, that's why I'm wondering exactly why this person is coming.
Expert:  Samuel II replied 8 months ago.
It is my experience that because you stopped paying they want to see why? They are not going to discuss it on a phone. But again, if you are not comfortable with it, then don't let them in. Do not agree to talk. As you state, they have all they need to file charges so nothing you say is going to give them any more ammunition against you.
Expert:  Samuel II replied 8 months ago.
And the civil suit is so they can get a judgment, attach your bank accounts, property, wages, etc. But they can still file criminal charges.
Customer: replied 8 months ago.
Ok, so I'm assuming this man is probably just wanting to get info from us to help build his case against us to file criminal charges. Beings that they already did a civil suite. He's not after the money, he's after our heads so to speak??
Expert:  Samuel II replied 8 months ago.
They already have enough to file criminal. Heck you admitted to it and agreed to repay it.
Expert:  Samuel II replied 8 months ago.
He may just want to serve you with the papers for the civil suit. Have you been served yet?
Customer: replied 8 months ago.
No I haven't been served with anything. We actually just found out today by accident on case net
Customer: replied 8 months ago.
And it looks like they filed it back in febuary
Expert:  Samuel II replied 8 months ago.
Then that is probably what he wants to do. He wants to serve you. And I suggest since there is a civil suit pending you don't want to talk to anyone.
Customer: replied 8 months ago.
Ok. So it wouldn't be a good idea to talk to him then? Unless an attorney is present? Another question. If I decided to hire an attorney on our behalf. Is the attorney able to ask the district attorney if we can just pay it back? I mean, after all that's what we intended on doing in the first place
Expert:  Samuel II replied 8 months ago.
Correct. You have pending litigation. Yes, an attorney can represent you and talk to the DA on your behalf and try to work it out. You will want to consider an attorney anyway for the civil suit matter.
Customer: replied 8 months ago.
Ok thank you for talking with me. I'm just scared and worried. I wish this wouldn't have ever happened. We have small children and just scared of all of this
Expert:  Samuel II replied 8 months ago.
I understand. You're welcome and good luck with everything. Take care of those children.