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    #1

    Question about unemployment overpayment

    I received a letter that was addressed to my old address that I haven't lived in over 10 years in another state this weekend. It was from the labor overpayment collection department for unemployment. It said I had 60 days to contact them or they will start to deduct any federal wages or tax refunds in efforts to collect this over payment.

    I called them today and it's from 11 years ago when I collected unemployment I was over paid by 2 weeks now they want the money back. I can't remember what I did 2 weeks ago never mind 11 years. Any idea why are they sending this to me now? It did state that if I filed BK to send them the BK paperwork. I never included them b/c I never knew this existed.

    Any idea what it could be or do I owe this?

    Thanks
    Last edited by Freddy03; 12-27-2011, 07:15 AM.
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11
    Tags: None
    #2
    Freddie it sounds like the SOL would put them out of service, however, they be Govmint. They have the power to deduct but before you panic, ask them for a phone hearing. Disclaim that you were overpaid, and ask them to send you a complete statement of what you were paid and the amounts. BEEEE careful, send no money, this could be a scam. Is there a postage stamp on the envelope that this came in? If so, it is not government. Also verify the number you were given to call with one on the Internet.

    I believe UC comes from the State not the U.S. government but I'm no real sure of their coordination. I think they are a bit interwoven. Just deny this as you have nothing to lose. Also, how and why did it take them 11 years to find their books messed up? Sounds real phoney to me. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #3
      Originally posted by AngelinaCatHub View Post
      Freddie it sounds like the SOL would put them out of service, however, they be Govmint. They have the power to deduct but before you panic, ask them for a phone hearing. Disclaim that you were overpaid, and ask them to send you a complete statement of what you were paid and the amounts. BEEEE careful, send no money, this could be a scam. Is there a postage stamp on the envelope that this came in? If so, it is not government. Also verify the number you were given to call with one on the Internet.

      I believe UC comes from the State not the U.S. government but I'm no real sure of their coordination. I think they are a bit interwoven. Just deny this as you have nothing to lose. Also, how and why did it take them 11 years to find their books messed up? Sounds real phoney to me. 'Hub
      Well I didn't get an envelope b/c my old landlord was kind enough to open the letters (letters b/c my hubs received one also) and put it in my Christmas card this year...LoL!! I asked them to send me all records to my new address. Hopefully I will get this soon. The amount was about $200 but I don't want to pay it if I don't have to.

      Thanks!
      "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

      Comment

        #4
        Wow. That is nuts. 11years ... Are they kidding or what?

        Comment

          #5
          In a no asset case, a bankruptcy discharges all debt that arose before the petition date regardless of whether it is listed or not. Just send a copy of the discharge order and you should be okay. If they bark at the discharge order, then you'll have to come up with some other theory under which they can't collect (like statute of limitations). Of course, you can always threaten to re-open the bankruptcy case to file a complaint (or motion) for sanctions for violating the permanent discharge injunction.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

            #6
            You probably received a 1099-G years ago and the IRS (state or federal) finally caught up. If the feds have an interest, it is because of the 1099-G. I don't believe there is a SOL on 1099 income, but a quick google search might help you out.

            Comment

              #7
              biz-freaking-zare.
              good luck and keep us posted!

              Keep On Smilin'

              Comment

                #8
                I called my attorney's office (thankfully they are super nice and answered any questions I have). According to my attorney's office this overpayment debt is dischargeable. I'm going to send my discharge papers to them and see what happens. It is not subjected to SOL.

                I'm still concerned why they are sending this to me almost 12 years later....
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                Comment

                  #9
                  Originally posted by Freddy03 View Post
                  I called my attorney's office (thankfully they are super nice and answered any questions I have). According to my attorney's office this overpayment debt is dischargeable. I'm going to send my discharge papers to them and see what happens. It is not subjected to SOL.

                  I'm still concerned why they are sending this to me almost 12 years later....

                  Simple Freddy, Government efficiency. 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment

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