How did you choose your attorney?

[adviceplease]

My employer said I quit, I said I was fired. I initially lost, appealed with witness statements and was approved. Then my ex-employer won at the law judge level. I took it to the board of review and lost because 2 out of 3 board members talked to the law judge and went with his opinion (which I do not feel is fair that they did that because I did not agree with his ruling so they should have based it on the transcript instead). I do not think that it was fraudulent but I am not sure. I make payments monthly on it.

Do you think the lawyer would confirm this with me before I retain if I call the office? I need to know if I should pay the payment or not also.

[MSbklawyer]

My employer said I quit, I said I was fired. I initially lost, appealed with witness statements and was approved. Then my ex-employer won at the law judge level. I took it to the board of review and lost because 2 out of 3 board members talked to the law judge and went with his opinion (which I do not feel is fair that they did that because I did not agree with his ruling so they should have based it on the transcript instead). I do not think that it was fraudulent but I am not sure. I make payments monthly on it.

Do you think the lawyer would confirm this with me before I retain if I call the office? I need to know if I should pay the payment or not also.

No, that's not fraud. Fraud requires a knowing mistatement -- such as where you were NOT unemployed but claimed unemployment benefits.

I believe your overpayment is dischargeable. If your attorney is unsure, he can file an AP complaint to have the Court determine their dischargeability. Knowing those lazy a$$ed bureaucrats at the unemployment office, they probably wouldn't even challenge it.