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Richard - Bizlaw
Richard - Bizlaw, Attorney
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Experience:  30 years experience corporate, litigation, international
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What is the statute of limitations on paying back money to

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What is the statute of limitations on paying back money to the Employment Security commission. I filled for unemployment on 1/28/2007. Collected unemployment till 9/8/2007 and now they are saying I have to pay back $2,750.00. ( 4/13/20010) Sould I get a attorney?

Al / [email protected]

It is at least three years. You should get an attorney because it seems as though the challenge is to your right to receive benefits. They should have said the basis for their position in the notice your received.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 6 years ago.

Three years are almost past and they are still saying I have to pay back $2,750.00 of over payment. I received benefits for 6 months and I also worked, but not making the full amont of unempolyment. Unempolyment paid me the rest of the amont.

 

Could I be arrested for this? Could the Employment security commission go after my bank account?

 

Could I cut a deal with the security commission? Just pay them some of the money?

The three years is not past is the time would not start to run until September of 2007 and at the earliest would end in August 2010. If there was any misreporting, it would not begin to run until the discovered it so it could start to run much later. If you reported your earnings you do not have a problem. If you did not report your earnings, you should contact them immediately to try to work out a payment plan.

 

If there was deliberate fraud, it could be turned over to prosecutors but it is not likely they will want to do this so long as you are forthcoming and address the matter promptly. I have no assurance that they will accept a partial payment if you owe all the money or don't have a good position on why all the money is not owed.

 

I suggest you talk to them and try to work out an arrangement before incurring the cost of an attorney.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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