10-year-old CalFresh overpayment claim - Is there really no statute of limitations?
Just got hit with a $2,450 overpayment notice for CalFresh benefits from 2014!!! I'm completely shocked since this is from TEN YEARS ago. When I called the county office, the worker told me 'there's no statute of limitations on federally funded programs' and I need to pay it back or set up a repayment plan. But when I searched online, several legal sites say California has a 3-year statute of limitations for benefit overpayments. I'm so confused and stressed about this. The notice says they'll garnish my tax refunds if I don't respond within 30 days. Has anyone successfully fought an ancient overpayment claim like this? What documentation should I request? I don't even remember the details from 2014 - I've moved THREE times since then!
17 comments

Xan Dae
There's a difference between the state and federal statute of limitations for CalFresh overpayments. The 3-year limit you found online might be referring to state-funded portions, but CalFresh is primarily federally funded, which has different rules. In my experience working with clients, they can absolutely pursue collections on federal benefit overpayments beyond 3 years. However, you should request a detailed breakdown of how they calculated the overpayment and verification of when they first attempted to notify you. If they can't prove they tried to collect before now, you might have some options.
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Isaiah Sanders
•Thanks for explaining that. Do you know if I can request a hearing even though it's so old? They're saying I didn't report income correctly, but I honestly don't remember the details from that far back, and I don't have any paperwork from then.
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Fiona Gallagher
omg this SAME THING happened to my cousin last month but it was from 2016!!! she ended up just setting up a payment plan for like $25 a month cuz she didnt wanna deal with fighting it. so messed up they can come after u after all this time 😡
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Thais Soares
•They did this to me too but it was only from 2021. I think they're doing some kind of mass recovery program right now to get money back. It's ridiculous.
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Nalani Liu
YOU SHOULD DEFINITELY FIGHT THIS!! The county CANNOT just bill you after 10 years without proof they tried to collect before. Request ALL their documentation immediately. Ask specifically for: 1. Original overpayment notice (they had to send one when they discovered it) 2. Proof of their collection attempts over the years 3. Detailed breakdown of the alleged overpayment 4. Administrative hearing request form I had a $1,900 overpayment from 2018 that I got dismissed because they couldn't prove they sent me the original notice. The system is BROKEN but you have rights!!
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Isaiah Sanders
•Thank you! This is really helpful. Did you have to get a lawyer, or were you able to do this yourself? I'm definitely going to request all of this documentation.
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Axel Bourke
theres definately a statute of limitation on this stuff. my brother in law works for the county and he says they cant go back more than 3 years for most stuff but sometimes theres exceptions. you should ask for a fair hearing, thats your right. good luck!
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Xan Dae
•Just to clarify - there are different rules for different benefit types. CalFresh (being federally funded) has different limitations than some state programs. The county worker was technically correct that federal benefit overpayments can be collected beyond the 3-year mark. However, there ARE procedural requirements they must follow, which is why requesting documentation is so important.
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Aidan Percy
I've helped many clients with CalFresh overpayment claims. Here's what you need to know: 1. For FEDERAL programs like CalFresh, there is indeed no statute of limitations on collection, according to federal regulations at 7 CFR 273.18 2. However, they must have evidence of the overpayment calculation, proof they notified you at your address of record at the time, and documentation of collection attempts 3. You have the right to request a fair hearing within 90 days of receiving this new notice 4. You can request a payment plan if the claim is valid - they must accept reasonable offers based on your current financial situation Your best approach is to request a full Administrative Hearing and demand complete documentation. If they can't produce records showing they properly notified you at the time, you may have grounds for dismissal under procedural requirements.
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Isaiah Sanders
•This is incredibly helpful, thank you! I just submitted a request for all their documentation. I'm almost certain they never contacted me about this before - I've always kept my address updated with all government agencies. Would it help to get a letter from USPS confirming my forwarding addresses over the years?
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Thais Soares
I had this happen but with unemployment not calfresh. Try calling ur county worker direct but GOOD LUCK actually reaching a person lol I tried for weeks!!!
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Fernanda Marquez
•If you're having trouble reaching someone at the county office about CalFresh issues, I found this service called Claimyr that's been super helpful. They basically call the county for you, wait on hold, and then call you once they have a real person on the line. Saved me hours of hold time when I was dealing with my recertification issues. They have a demo video at https://youtu.be/eZ19FHRETv8?si=_CXnXqNXbLl26WB8 and their website is claimyr.com. It's been a lifesaver for getting through to actual CalFresh workers instead of just hitting that automated system over and over.
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Fiona Gallagher
wait i just remembered something!!! my friend who works at legal aid told me that if u can prove "administrative error" the debt can be waived. like if they made the mistake not u? worth asking about!!
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Aidan Percy
•That's correct! There are two types of CalFresh overpayments: 1. Inadvertent Household Error (IHE) - when the household made an honest mistake 2. Administrative Error (AE) - when the county made the error For Administrative Errors, you aren't responsible, but you'll need to prove it was their mistake. If the overpayment was due to the household not reporting information correctly, that would fall under IHE and would still be collectible. This is why seeing their documentation is so important - to determine which type of overpayment they're claiming.
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Nalani Liu
I'm still FURIOUS they can come after people after TEN YEARS!!! What about the interest you could have earned on that money if you'd known about this debt?? The system is COMPLETELY biased against recipients. FIGHT THIS ALL THE WAY!!! And report back what happens please!!
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Isaiah Sanders
•You're right - it's totally unfair. I've requested a hearing and all documentation. I'll definitely update once I know more. Thank you all for the advice and support. It helps knowing I'm not alone in this!
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Chloe Taylor
I'm going through something similar right now with a 2015 overpayment claim that just showed up last month. After reading through all these responses, I wanted to add that you should also request a "waiver of collection" if you're experiencing financial hardship. Even if the overpayment is valid, they're supposed to consider your current ability to pay. I found out about this from a paralegal at our local legal aid office - apparently it's in the federal regulations but they don't advertise it. Also, document EVERYTHING from this point forward - every phone call, every letter, every interaction. Good luck fighting this!
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