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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33553
Experience:  Employment Law Expert
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I have an EDD overpayment from 2005, I contacted EDD years

Customer Question

I have an EDD overpayment from 2005, I contacted EDD years ago to try and set up a payment plan to start paying off the overpayment and the EDD advised they could not set up a payment plan as we were past the statute of limitations? last week (6 years later from inital call) my employer received wage garnishment instructions and they not want me to pay over $16k due to penalties and interest? Is there a way for me to fight this? I could have had the original overpayment balance paid off by now.
JA: Because employment law varies from place to place, can you tell me what state this is in? Have you talked to a lawyer yet?
Customer: California and no I have never talked with a lawyer
JA: Anything else you think the lawyer should know?
Customer: According to the paperwork I received from EDD last week the original judgement was entered on 7/6/2007, which I never received anything?
JA: OK. Got it. 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 Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The first thing you need to do is hire a lawyer to try and vacate the judgment. If they can't prove they served you or notified you of the lawsuit then the judge should vacate the judgment and allow the case to start over. While you are allowed to represent yourself, you shouldn't because this case is going to be fairly difficult and involve state and federal Constitutional issues.

Typically the statute of limitations doesn't apply against the state unless the state specifically says it does in some piece of legislation so the lawyer will want to look at that.

While the lawyer is trying to vacate the judgment they can also ask the court to stop the garnishment, which a court is likely to do since there is a due process issue involved in this case.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.