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Roger, Attorney
Category: Legal
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I currently owe CO department of Labor over $9000.00 in overpayment.

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I currently owe CO department of Labor over $9000.00 in overpayment. I was told that even though I was working part-time that I still qualified for these benefits. This is from over two years ago. I was given misinformation and I do not know what to do. I did some research and found that this has happened all over the country due to clerical errors and people being misinformed about qualification. What can I do? The letters I have received all told me this was overpayment. When I recently called, I was told they had decided it was overpayment fraud. I am a single mom with very little income and though this was a mistake, it certainly was not fraud. I merely followed instructions given by reps at the department of labor.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, and I'm sorry for your trouble.


The botXXXXX XXXXXne is that you must repay the money if it were paid over in error. There's really no way around that - - unfortunately.


Them claiming this was fraud is likely a scare tactic to make you get this money repaid asap. In order to prove fraud, they would have to show that you intended to take the money knowing that you weren't entitled to it, etc. If you relied on what its employees told you and if you made no misrepresentations, then it is hardly fraud.


You certainly need to try and establish a repayment plan to pay off the debt as soon as you can, but they should work with you. As I said, there's likely no way to get around paying the money back, so all you can really do is try and work out a repayment plan that you can afford.

Roger and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thank you, I knew I would have to repay the money, but it certainly was not fraud. I appreciate your help. Do I need to work out a payment plan or could I just start sending in what I can afford each month?


It would likely be best if you contact them and try to work out something so they won't pursue an action against you for the debt.

If there's a payment plan in place, then as long as you're paying, all should be well.

Customer: replied 4 years ago.

Again, thank you for your help. My financial situation is quite grim at this point. I am barely getting by. I will contact them ASAP

No problem - - glad to help.

I wish you luck with this.

Customer: replied 4 years ago.

Thank you. Have a wonderful day.

You do the same!