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Depends on the state, but generally, yes. However, a claimant can prevent that by properly filling out their withholding forms to insure that there is no refund to be confiscated.
Im going through that nj unemployment is telling me they overpay me 11000andI ccan't see it they never sent me anything and I live in nc now so im hearing they can take my federal return then I heard they can only take my stateis it possible for them to take my federal
Im going through that nj unemployment is telling me they overpay me 11000andI ccan't see it they never sent me anything and I live in nc now so im hearing they can take my federal return then I heard they can only take my stateis it possible for them to take my federal
Quote:
Originally Posted by Arthur 2011
Even without them sending you anything saying you owe them and giving you opportunity to set somethingup like a ppayment arrangement
What you mean they "never sent you anything?"
What can't you see???
They never sent you any money?
They never sent you a notice of an overpayment?
Or, did you collect benefits, your claim benefits were lost on appeal, and now you need to repay?
Yes, NJ can take you federal tax refund if they reported this overpayment to the Federal Offset Program. The IRS is notified by NJ, NJ gets your federal tax refund.
Depends on the state, but generally, yes. However, a claimant can prevent that by properly filling out their withholding forms to insure that there is no refund to be confiscated.
After winning an unemployment case in 2009 after being fired and collecting for a couple months, the employer appealed, won, and the $1557 UI benefits I had received was considered overpayment and I've been expected to pay it back since.
I've received income tax refunds every year since in full, no garnishments
Any time my good for nothing ex ever did have a job and the Attorney General of Texas was able to garnish his check to send me child support (only a few hundred dollars over the past 12 years *eyeroll) TWC never touched that
My paychecks were never garnished
TWC never took me to court
Nothing was ever deducted from my federal financial aid $ for school
Never came up in any warrants. And I sat out a couple.
I'll receive letters about once a year saying I need to pay it, but that's about it. This is my first time applying for UI benefits since then, and I understand now this is finally their chance to collect that $. But none of the concerns you guys have for UI overpayment ever occurred to me.
I understand now this is finally their chance to collect that $.
They've had other chances. This is just a new type of chance.
Quote:
Originally Posted by mich_trav
But none of the concerns you guys have for UI overpayment ever occurred to me.
Then you have to say lucky you. We have had real threads of refunds being taken. We don't have enough of a sample size to say who is most likely to be targeted, but it can happen, and we do tell people, "don't get refunds if you can control your withholding to avoid them."
With TX not having a state income tax, that might be a factor. They just don't have the infrastructure or technology that it takes to make it easy.
After winning an unemployment case in 2009 after being fired and collecting for a couple months, the employer appealed, won, and the $1557 UI benefits I had received was considered overpayment and I've been expected to pay it back since.
I've received income tax refunds every year since in full, no garnishments
Any time my good for nothing ex ever did have a job and the Attorney General of Texas was able to garnish his check to send me child support (only a few hundred dollars over the past 12 years *eyeroll) TWC never touched that
My paychecks were never garnished
TWC never took me to court
Nothing was ever deducted from my federal financial aid $ for school
Never came up in any warrants. And I sat out a couple.
I'll receive letters about once a year saying I need to pay it, but that's about it. This is my first time applying for UI benefits since then, and I understand now this is finally their chance to collect that $. But none of the concerns you guys have for UI overpayment ever occurred to me.
TWC and Texas for that matter is an odd duck. because of their "we are Texas so we don't follow anybody else" TWC is not like the other states. TWC can not collect any thing from anywhere unless it's comming out of another TWC benefit. They have to send the overpayment to the AG's office who has to obtain a writ to seize any monies from any non TX government payment. Under TX laws, something like unemployment benefits overpayment is such a low collection priority they can't move on it until they cleared all other priority (child support, criminal penalties, etc) claims, so you are at the bottom of their priority list. They can grab any state payment like a future unemployment claim, state lottery winnings, state funds for other benefits, but no federal, out of state, or private monies without that writ. From time to time they do catch up and there is a flurry of tax return seizures, but can;t figure out what triggers one from the other.
But, TX does have one thing many other states do not. There is No Statutes of Limitation of state debts. That means unlike most other states where they forfeit the right to collect overpayments after from 7 to 10 years, in TX, from now to eternity, that debt to TWC will remain open and collectible. So if you end up 20 years later applying for unemployment benefits, unlike other states where the SOL would have wiped out the debt, TX will still be waiting and grab those benefits to satisfy that old over payment debt. (as an FYI, child support is protected and they can never seize it)
Read that last paragraph for AZ. TX might be the same way and go after Fed refunds when there is fraud. That document is a new posting for my state and good info for when you can't find anything for your own state.
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