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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113425
Experience:  20+ Years of Employment Law Experience
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Claim of over payment by department

Customer Question

claim of over payment by department
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Who is claiming you were overpaid? What exactly have you done already to try to resolve this?

Customer: replied 1 year ago.
The california E D D claims that they over paid me on my unemployment claims . they promptly attached all of my earned money for unemployment untill ,they felt they were even. then fined me one thousand dollars foe the over payment and now zare attaching an interest on that fine. I have tried to communicate by mail but they refuse to answer. they do not address the six week mperiod that they never sent me forms to file . then claim they paid me for that and added that into the over payment.
What is need ed here is for them to post a complete filing of payments / which i can confirm or dispute by bank records , as they paid by bank debit card and in my bankPlease ass and let me know . I am 75 dis abled and on social security. Thank you
Customer: replied 1 year ago.
they are saying that they will attach every thing I have in my name. Soooo do i change my name ??on every thing
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You needed to file an appeal of the over payment within 30 days of them giving you notice. If they are still trying to collect, you are going to have to engage a local attorney to file your appeal to vacate their assessment in the superior court, because at this point the court is the only one that can reverse what they are doing here. The only option you have here though is you need to file to vacate in the court.

Changing your name on everything would not help you because they can still get at those assets under what is called the Fraudulent Transfer Act. Thus, you need to get a local attorney and you need to file to sue in court to vacate this award and penalty.

Expert:  Law Educator, Esq. replied 1 year ago.

Did you have any additional questions about this issue?

Customer: replied 1 year ago.
who will represent me as i do not have any funds . ?? I am 75, with disabilities and am on social security ??Thank You
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you are elderly and have disabilities you can go to the local legal aid office and they can provide low cost or free (depending on your assets and financial situation) legal assistance to you. Also, you can call the state bar and ask them for assistance in locating a pro bono attorney (free) to assist you based on your financial needs.