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Old 05-17-2010, 08:57 PM
 
8 posts, read 48,691 times
Reputation: 23
Default unemployment overpayment!!??!!

I have a question... I live in TX and origionally recieved unemployment benefits for being fired for what they called misconduct.. well the first decision by TWC was in my favor and I won.. well they of course appealed the decision but due to backlog I guess our appeal hearing didnt happen until almost 6 months later! Of course the whole 6 months I had been drawing unemployment. Well they unfortunately won the appeal and Im in the process of appealing to the Commission. So in the mean time they are telling me that I am responsible for overpayment... Are they serious?? They awarded it to me in the first place! LOL... Sorry just had to say that. Well in any case my question is where do i go from here? I obviously cant pay it cause im not working! I am in the process of appealing the last decision but is there a way to appeal having to pay them? What can they do if I dont pay it?? Texas doesnt have any state taxes but can they garnish wages or take from federal income tax refund?? Any help would be greatly appreciated! Thanks.
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Old 05-17-2010, 11:19 PM
 
Location: New Jersey
3,814 posts, read 7,827,034 times
Reputation: 910
Quote:
Originally Posted by honeygal View Post
I have a question... I live in TX and origionally recieved unemployment benefits for being fired for what they called misconduct.. well the first decision by TWC was in my favor and I won.. well they of course appealed the decision but due to backlog I guess our appeal hearing didnt happen until almost 6 months later! Of course the whole 6 months I had been drawing unemployment. Well they unfortunately won the appeal and Im in the process of appealing to the Commission. So in the mean time they are telling me that I am responsible for overpayment... Are they serious?? They awarded it to me in the first place! LOL... Sorry just had to say that. Well in any case my question is where do i go from here? I obviously cant pay it cause im not working! I am in the process of appealing the last decision but is there a way to appeal having to pay them? What can they do if I dont pay it?? Texas doesnt have any state taxes but can they garnish wages or take from federal income tax refund?? Any help would be greatly appreciated! Thanks.
According to the Texas DOL website:
Quote:
If You Receive an Overpayment
You are legally responsible for any benefits we pay you. If TWC pays you benefits and later learns that you were not eligible, you must pay back those benefits.

If you are overpaid benefits, TWC mails a Determination on Payment of Unemployment Benefits form that tells you why you have an overpayment, what weeks were overpaid, and the amount you need to repay. You must pay back the money immediately. If you cannot pay back the overpayment right away, ask TWC if you can set up an installment payment plan.

There are two important reasons why you should repay any overpayment of benefits:
  • An overpayment stays on your account until you have repaid it. If you do not repay an overpayment and need UI benefits again in the future, all of your benefits payments will go towards the overpayment instead of to you until the overpayment is repaid in full.
  • TWC has the authority to file suit against you in a civil court to recover the money.
Unemployment Benefit Claim Information
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Old 05-18-2010, 04:53 AM
 
3,513 posts, read 1,256,467 times
Reputation: 1357
same thing happened to me and im in the process of paying back 5,000.

right now i let them take my state return.

they could garnish wages, bank account.

if its non-fraudulent, you could put it in a bankruptcy if you wanted to
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Old 05-18-2010, 09:03 AM
 
140 posts, read 229,892 times
Reputation: 31
Write a letter stating your inability to pay and the current status of your appeal. I highly doubt there will be any civil action taken against you to recover the money until the appeals process is complete. Even then it may take the government some time to file suit. But if you can't pay you can't pay and as tropolis said it might be a good time to consider bankruptcy if you lose the appeal.
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Old 05-19-2010, 12:57 AM
 
Location: Spokane via Sydney,Australia
6,608 posts, read 6,629,489 times
Reputation: 2976
Just a heads up - Unemployment overpayments do NOT "go away" in a bk (even chapter 7) - Anytime you need to file for benefits they WILL come after them and deduct them from what you are entitled to receive (up to 100% if it's fraudulent and up to 50% if not)
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Old 10-05-2010, 06:44 PM
 
1 posts, read 28,632 times
Reputation: 13
I was on UI for period of 6 months, I got a commission job and went thru a few days of training and i worked only one day for that company. After I left the job the TWC canceled my benefit and they asked for the over payment. I filled an appeal but I paid the full over payment back before the dead line. I had to sell some of my personal belonging to be able to pay back the $2000. I was concern if TWC can damage my credit. I am still unemployed. I didn't know how the system works. This was an honest misunderstanding. I thought I have to report the wages when its earned. Since this job was 100% commission I didn't report any earning because I didn't receive any wages. When I left the company, the only day that I worked the sales was closed and they sent me my commission after a month. I called TWC and I reported all the earning. I am still worried if TWC can take me to court or if they can place a lien on my bank account. Can you please tell me what I need to do?
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Old 05-20-2011, 05:48 AM
 
1 posts, read 26,731 times
Reputation: 11
I am in a similar situation right now! How did everything turn out for you? I wish that there was a watch dog group to police TWC because there are definitely errors that occur on their part internally. I explained my situation to a TWC rep. Next thing I know I received a letter stating that I had good reason for not reporting and my benefits were reinstated. Moreover, I never received a handbook until the following year after they accused me of fraud. I am still fighting. It was a honest mistake on my part. I am going through hell right now because I did not report earnings from gas and mileage because I was not selling in my commission job. Good luck!!!
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Old 05-21-2011, 05:37 PM
 
330 posts, read 847,526 times
Reputation: 140
Quote:
Originally Posted by tropolis View Post
same thing happened to me and im in the process of paying back 5,000.

right now i let them take my state return.

they could garnish wages, bank account.

if its non-fraudulent, you could put it in a bankruptcy if you wanted to
How are they going to garnish your wages and bank account when you are broke and have no job? Also, I thought in Texas they can't garnish wages.
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Old 07-20-2011, 06:20 PM
 
2 posts, read 31,677 times
Reputation: 14
Default DixieCupBerry

My local paper lists all civil suits filed each week. I've never seen TX Workforce Comm. file suit. We have received an overpmt letter, but our lawyer says most don't refund the $$.
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Old 07-21-2011, 08:32 AM
 
3,513 posts, read 1,256,467 times
Reputation: 1357
Quote:
Originally Posted by DixieCupBerry View Post
My local paper lists all civil suits filed each week. I've never seen TX Workforce Comm. file suit. We have received an overpmt letter, but our lawyer says most don't refund the $$.
i just ignored it. let them take my state return, so i dont even think about it.
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