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William Schwarz

EDD overpayment notice while submitting new DE-100 hardship waiver - payment required?

I just got hit with an EDD overpayment notice for $4,800 from benefits I received last year. I'm planning to submit a second DE-100 hardship waiver form since our household finances have completely tanked (spouse lost their job last month, and I'm only working part-time). My question is: do I still need to make payments or set up a payment plan with EDD while waiting for them to process my DE-100? The notice mentions penalties if I don't respond within 30 days, but I'm confused about what exactly counts as a 'response' - just submitting the DE-100 or actually making a payment? I really can't afford to pay anything right now, but I'm terrified of getting hit with additional penalties or having my wages garnished. Has anyone dealt with this situation before?

You should definitely contact EDD right away. Submitting the DE-100 doesn't automatically stop the collection process. You need to call them and explain you're submitting a hardship waiver, then ask them to note your account and pause collections while they review it. Make sure to get a confirmation number and the name of who you spoke with.

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Thanks for the info - that makes sense. I've been trying to call them for 3 days but keep getting the 'too many callers' message every single time. Is there any time of day that's better to reach them?

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Jade Santiago

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same thing happened to me!!! i owed like $3,400 and they were about to start garnishing my paycheck even tho i filed the hardship form. u gotta call them AND send the form or they just keep the collection going

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Oh no, that's exactly what I'm afraid of! Did they eventually stop the collection process after you called? How long did it take for them to process your DE-100?

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Caleb Stone

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The overpayment notices are so scary!! Make sure you include ALL your financial documentation with the DE-100. I got denied the first time because I didn't send enough proof of my hardship. Send everything - bills, bank statements, rent, utilities, medical expenses.

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That's really good advice, thank you. I'll gather absolutely everything I can. Did you end up getting approved after sending more documentation?

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Daniel Price

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After struggling with calling EDD for weeks about my overpayment issue (similar to yours), I finally discovered Claimyr and it was a complete game-changer. The service basically calls EDD for you and gets you in the callback queue without dealing with the busy signals and hangups. I got through to an agent in about 30 minutes after trying for days on my own. You can check out how it works at claimyr.com or watch their demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - honestly worth it when you're dealing with something time-sensitive like avoiding wage garnishment or penalties.

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I've never heard of that service before. I'll definitely check it out because I'm getting desperate. Did they actually help you resolve your overpayment issue once you got through?

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Olivia Evans

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Speaking from personal experience with EDD overpayments, here's what you need to do: 1. Submit your DE-100 WITH a cover letter explaining you're requesting a collection pause while they review your hardship waiver 2. Call the collections department (not the regular UI line) at 800-676-5737 3. Get written confirmation they've paused collection activities 4. Send everything certified mail with tracking Even though you technically have the right to request a temporary pause during hardship review, EDD systems don't always communicate internally. Don't assume submitting the DE-100 alone will stop the collection timeline. The penalties they can add are significant - up to 30% plus interest in some cases.

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This is incredibly helpful, thank you so much! I didn't even know there was a separate collections department number. I'll call them tomorrow and make sure to get everything in writing.

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THE EDD IS RIDICULOUS!!! I filed a DE-100 TWICE and they still garnished my wages!!! They don't care about hardship - they just want their money back even if it means you can't pay rent!!! The whole system is designed to punish people who are already struggling!!!

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Olivia Evans

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While I understand your frustration, this isn't always the case. I successfully had my overpayment waived with a DE-100, but it took following the exact procedures and providing thorough documentation. Did you receive an actual denial letter for your hardship waiver requests, or did the collection process continue without a response to your waiver application?

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Aiden Chen

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Make sure you understand the difference between a regular overpayment and a fraud overpayment. If your notice mentions "false statement" or "willful misrepresentation," that's considered fraud and has different rules for waivers. The DE-100 hardship waiver only applies to non-fraud overpayments. Check your notice carefully to see which type you have, as this affects both potential penalties and your waiver eligibility.

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That's a really important point I hadn't considered. My notice doesn't mention fraud or misrepresentation - it says the overpayment was due to "excessive earnings not reported during certification." I did report all my earnings, but there was confusion about which week they counted for since my pay periods didn't align with the EDD certification weeks.

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Jade Santiago

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just wondering does anyone know how long it takes them to process the DE-100 form? i sent mine in like 5 weks ago and havent heard anything

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In my experience, DE-100 processing takes anywhere from 4-8 weeks, sometimes longer if there's a backlog. You should call to confirm they received it and ask for the status. If it's been over 5 weeks, they should at least be able to tell you if it's in queue for review.

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Daniel Price

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Update after using that Claimyr service I mentioned: I got through to EDD in about 25 minutes, and the rep confirmed that submitting the DE-100 is NOT enough to pause collections. They recommended setting up a minimal payment plan ($25/month was the lowest they'd go) while waiting for the hardship waiver decision. This protects you from penalties and keeps your account in good standing. If your waiver gets approved, they'll refund any payments you made. Just wanted to share what I learned!

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Thank you SO much for the update! That's exactly the information I needed. I think I could manage $25/month temporarily while waiting for the decision. I'll definitely set that up when I call.

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Caleb Stone

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i wish they explained this stuff clearly on there notices!!! my cousin got his wages garnished 50% cuz he thought filing an appeal stopped everything automatically but it didn't and now hes behind on his car payments

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Olivia Evans

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You're absolutely right. The notices should clearly explain that filing appeals or waivers doesn't automatically stop collection actions. Many people learn this the hard way, and 50% wage garnishment is devastating for most households. Always request a formal stay of collection in writing while simultaneously setting up at least a minimal payment plan.

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Noah Irving

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I went through this exact situation last year and learned some hard lessons. Here's what I wish I had known: the 30-day response deadline on your notice means you need to take ACTION, not just submit paperwork. Even though you're filing a DE-100, you should also call EDD immediately to request a temporary collection hold while your hardship waiver is being reviewed. I made the mistake of thinking the DE-100 submission would automatically pause everything, but they continued sending threatening letters and almost started garnishment. Also, keep detailed records of every interaction - dates, times, representative names, confirmation numbers. The system is frustrating but there are people there who will help if you're persistent and follow the right steps. Don't let the fear paralyze you into doing nothing - that's when the penalties really add up.

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Luca Romano

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This is exactly what I needed to hear from someone who's been through it! I was definitely making the mistake of thinking the DE-100 would pause everything automatically. Your point about the 30-day deadline meaning taking ACTION vs just submitting paperwork really clarifies things for me. I'm going to call first thing tomorrow and explicitly request that temporary collection hold while documenting everything like you suggested. Thank you for sharing your experience - it's helping me avoid the same costly mistakes!

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