EDD garnishing tax refunds for PUA overpayment - anyone experiencing this in 2025?
I just found out I might owe $8,750 from a PUA overpayment from back in 2022. I got a letter saying EDD determined I wasn't eligible after all this time. I'm freaking out because my tax refund is supposed to be coming soon and I NEED that money for rent and car repairs. Can EDD actually take my state tax refund for PUA overpayments? Has this happened to anyone else recently? The letter mentions something about TOP (Treasury Offset Program) but I'm confused if that's just for federal taxes or state too. I tried calling EDD 17 times today but couldn't get through to anyone. I'm seriously worried they're going to garnish my refund before I can even appeal this!
18 comments
Keisha Robinson
Yes, they absolutely can and WILL garnish both state and federal tax refunds for PUA overpayments. EDD started aggressive collection in 2025 for pandemic-era overpayments. The Treasury Offset Program (TOP) is specifically for federal tax refunds, but California also has the state tax intercept program that works similarly for state refunds. You need to file an appeal ASAP - you only have 30 days from the date on that notice. If you file the appeal in time, they should put a hold on collection activities including tax refund garnishments until your appeal is resolved.
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Yara Nassar
•Oh no, that's exactly what I was afraid of. The letter is dated January 12th so I've only got like a week left to appeal! Do I need a lawyer for the appeal or can I do it myself? I can't afford legal help right now.
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GalaxyGuardian
happened to my cousin last month!! they took his ENTIRE state refund with no warning even tho he was making payments on his overpayment plan!! they dont care if u need the money, they just take it. system is rigged against us regular people
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Paolo Ricci
•was he on a formal repayment plan with them? i thought if you're making payments they won't garnish? i'm on a payment plan for my overpayment ($150/month) and now i'm worried they'll take my refund anyway :
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Amina Toure
I work as a tax preparer, and I've seen several clients get their refunds offset for EDD overpayments this year. Here's what you need to understand: 1. For PUA specifically, they've been more aggressive with collections in 2025 because many of these claims are approaching their collection deadline 2. You need to request an appeal using the form DE 1000M. You can download it from the EDD website. Mail it with delivery confirmation so you have proof it was received. 3. If your appeal is pending, you can request a temporary hold on collection activities, but you MUST specifically request this - it doesn't happen automatically. 4. For federal tax refunds, you should receive a 60-day notice from the Treasury Department before any offset occurs. 5. For state refunds, the process is faster and has fewer protections, which is why it's critical to file that appeal immediately. Don't panic, but do act quickly. Many PUA overpayment cases are being resolved in claimants' favor if they can provide the documentation that was originally requested.
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Yara Nassar
•Thank you so much for this detailed info! I'm filling out the DE 1000M right now. Where exactly do I request the hold on collection activities? Is that a separate form or do I just write it on the appeal form?
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Oliver Zimmermann
i think it depends on if u got fraudulent pua or just made a mistake? my brother got his tax return for 2024 no problem even tho he has an overpayment. but he proved he didn't do anything wrong on purpose, it was just a calculation error
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Keisha Robinson
•There's an important distinction here. If the overpayment is classified as "non-fraud", there are more options for waivers and payment plans. If it's classified as "fraud", then the collection is much more aggressive. The OP should check their notice to see how their overpayment is classified - it makes a big difference in how it's handled.
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Natasha Volkova
I've been dealing with this exact situation! After trying for WEEKS to reach EDD about my overpayment appeal, I found a service called Claimyr that got me connected to an EDD representative in less than 20 minutes. It totally saved me from losing my tax refund! You basically pay them to navigate the phone system and get you connected to a real person. I was super skeptical at first but it actually worked. Check out their demo video to see how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or go to claimyr.com. The rep I got connected with put a hold on my offset while my appeal is being processed.
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Yara Nassar
•That sounds like exactly what I need right now! I'm going to try this first thing tomorrow morning. Did you have to explain your whole situation again to the rep they connected you with?
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Javier Torres
EDD is THE WORST!!!! They waited THREE YEARS to tell me I had an overpayment then demanded $12,000 back immediately. I filed an appeal in November and they're STILL reviewing it. Meanwhile they took half my tax refund even though the appeal is pending!!!! They didn't even send me a notice before garnishing!!!! CRIMINAL ORGANIZATION!!!!!
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Paolo Ricci
•omg did you have any warning at all before they took the refund? i'm waiting on a pretty big refund and now i'm paranoid they'll take it :
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Amina Toure
Adding to my previous comment - I forgot to mention that under certain hardship conditions, you can request an overpayment waiver using form DE 1446W. If you can demonstrate that repayment would cause extraordinary financial hardship, and the overpayment wasn't your fault, EDD may waive part or all of the amount. For those worried about payment plans - yes, having an active payment plan *should* prevent tax refund interception, but the systems don't always communicate properly. If you're on a payment plan and your refund gets intercepted, contact EDD immediately with proof of your payment plan agreement.
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Yara Nassar
•This is super helpful! My notice says "non-fraud overpayment due to claimant error" - does that mean I might qualify for a waiver? I definitely can't afford to pay back $8,750 right now.
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Keisha Robinson
@OP - Since your overpayment is classified as "non-fraud", you have a good chance at either getting a waiver or at minimum setting up a reasonable payment plan. The key steps now are: 1. File your appeal immediately (today if possible) 2. Request a hold on collections in writing as part of your appeal 3. Apply for the overpayment waiver using the DE 1446W form 4. Get through to EDD by phone to confirm they've received your appeal and put a hold on collections For the appeal itself, you'll need to explain why you believe you were eligible for PUA at the time you received it. Include any documentation from that period showing your employment was affected by COVID. Many of these cases are being resolved favorably when proper documentation is provided.
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Yara Nassar
•Thank you so much! I just submitted my appeal online and mentioned the hold request in the comments section. I'm going to try calling again tomorrow using that Claimyr service someone mentioned to make sure they received it. You've all been so helpful - I was having a total panic attack earlier.
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GalaxyGuardian
my friend said if u owe less than $10k they cant garnish wages but can take tax refunds. is that true?? cuz now im confused about whats gonna happen with my situation
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Amina Toure
•That's not accurate. EDD can garnish wages for any overpayment amount, but they typically take 25% of your disposable income. The $10,000 threshold your friend might be thinking of relates to certain federal offsets, not state collection activities. For tax refunds, they can intercept regardless of the overpayment amount.
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