EDD threatening wage garnishment for overpayment - need urgent help after becoming homeless
I'm in a total panic about EDD overpayments right now. I received a Notice of Overpayment saying I owe $7,250 from benefits I collected last year. They're threatening to garnish my wages, but I JUST lost my job at the warehouse where I've been working for 8 months. I was already struggling and actually spent 4 weeks homeless before finding a tiny studio apartment two weeks ago. I literally can't afford any garnishment when I find a new job - I'll end up back on the street! Who can I contact about this overpayment situation? Is there any way to get a hardship waiver or payment plan that won't destroy me financially? I've tried calling the main EDD number 30+ times but just get disconnected. I'm seriously considering just moving out of state because I don't know what else to do. Has anyone successfully dealt with overpayment issues while unemployed?
20 comments
Omar Fawaz
First, take a deep breath. You do have options here. The most important thing is to request an appeal of the overpayment determination within 30 days of receiving the notice. Did you already do this? If not, do it immediately even if you're past the deadline - sometimes they'll still accept it. Also, yes, EDD does offer hardship waivers if you can prove financial hardship, which from what you've described, you clearly qualify for. You'll need to complete the DE 1446W form, which is the "Financial Statement" form for hardship considerations.
0 coins
Freya Pedersen
•I didn't know about appealing or the hardship waiver! The notice came 3 weeks ago so I think I still have time. Where do I find this DE 1446W form? Is it on the UI Online site somewhere? Thank you so much for this info!!
0 coins
Chloe Anderson
omg i went thru the same thing!!! they said i owed like $8000 and i almost had a heart attack. dont leave the state tho thats not gonna fix anything theyll still find u eventually
0 coins
Freya Pedersen
•Did you manage to get it resolved? What did you end up doing?
0 coins
Omar Fawaz
The DE 1446W form isn't on UI Online. You need to call and request it specifically, or you can download it from the EDD website. Here's what you should do: 1. File your appeal first using the DE 1000M form. You can find this one online. 2. In your appeal letter, explain your financial hardship situation in detail. 3. Once you've submitted the appeal, call and request the financial hardship waiver forms. 4. Document EVERYTHING - your income, expenses, bank statements, unemployment. 5. If you were homeless, gather any documentation of that situation if possible. The important thing is to take action now and get these processes started.
0 coins
Diego Vargas
•cant belive nobodys recomending the best way to ACTUALLY get an edd rep on the phone. good luck calling the regular number lol. i used claimyr.com after wasting days trying to get thru myself. they got me connected in like 20 min when i had overpayment problems. they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km saved me so much stress
0 coins
Anastasia Fedorov
THE EDD IS LITERALLY DESIGNED TO CRUSH REGULAR PEOPLE!!! I went through an overpayment nightmare last year and they garnished 25% OF MY PAYCHECK for 6 months before my appeal finally got approved. By then I'd already lost my apartment and had to move in with my sister. The system is BROKEN!!!!!
0 coins
Freya Pedersen
•Oh my god, that's terrifying. I'm so sorry that happened to you. I definitely can't survive a 25% garnishment. Did you have an advocate or lawyer helping you with your appeal?
0 coins
StarStrider
I work for a legal aid organization that helps people with EDD issues. Here's what you need to know about overpayments: 1. If the overpayment was not your fault (no fraud involved), you can request a waiver using the DE 1446W form. 2. Even if you can't get a full waiver, you can negotiate a payment plan as low as $10 per month based on financial hardship. 3. The non-fault overpayment collection has a statute of limitations - they can only collect for a limited time. 4. You should absolutely appeal within the 30-day window. This stops any collection activity until the appeal is resolved. 5. Legal aid organizations can help you for free. Look up the Legal Aid Foundation in your county. 6. Document your homeless situation as this strengthens your hardship case significantly. Don't leave the state - that won't solve anything and could actually make things worse.
0 coins
Freya Pedersen
•Thank you so much for this detailed information! I didn't know legal aid could help with EDD issues. The overpayment wasn't my fault - they're saying I didn't report some earnings but I definitely did. I'll look up legal aid in my area right away. Even a $10/month plan would be manageable until I get back on my feet.
0 coins
Sean Doyle
my friend had this happen n they ended up getting the whole thing waived bc of financial hardship. you def need to get the right forms tho. dont just ignore it or it gets worse. trust me!!!
0 coins
Chloe Anderson
•did ur friend use a lawyer? or did they just fill out the forms themself? i filled out so many forms but still havent heard back its been 2 months already
0 coins
Zara Rashid
Whoever said to use Claimyr is right - I wasted 3 full days trying to get through to EDD about my overpayment notice. Finally used Claimyr and got connected to a rep who helped me request the hardship waiver. The rep actually told me most overpayment notices are getting approved for hardship waivers right now because of the economic situation. You really need to talk to an actual person at EDD though rather than just submitting forms online.
0 coins
Freya Pedersen
•Thanks for the tip. I'll check out that service. Did the EDD rep you spoke with walk you through the whole process? I'm worried about filling something out wrong and making the situation worse.
0 coins
StarStrider
Here's another important tip: when you submit your appeal and hardship waiver application, include a cover letter that specifically references California Unemployment Insurance Code Section 1375(c) - this is the section that allows EDD to waive overpayments that weren't your fault if repayment would cause extraordinary hardship. Many EDD representatives don't proactively tell claimants about this option, but it's your legal right to request it. Make sure to be specific about your homeless situation and current financial circumstances.
0 coins
Freya Pedersen
•This is incredible advice - thank you! I would never have known to reference that specific code section. I'll definitely include this in my appeal letter. I really appreciate everyone's help here - I was feeling completely hopeless before posting.
0 coins
Luca Romano
not to get off topic but has anyone else noticed how many more overpayment notices edd is sending out lately??? feels like theyre just trying to get money back any way they can. my whole department got laid off last month and like 5 people got overpayment notices when they applied for benefits. seems suspicious
0 coins
Anastasia Fedorov
•YES!!!! It's because the unemployment fund is depleted and the state is trying to recoup money any way they can! They're going after regular people instead of fixing their broken system. Been saying this for YEARS!
0 coins
Freya Pedersen
Update: I took everyone's advice and: 1) Filed an appeal using the DE 1000M form 2) Requested the DE 1446W financial hardship waiver 3) Used Claimyr to actually talk to someone at EDD The rep I spoke with was surprisingly helpful and said my situation definitely qualifies for hardship consideration. She also put a temporary hold on any collection activities while my appeal is processed. I have an appointment with legal aid next week to make sure I'm completing everything correctly. Thanks so much to everyone who responded - I was seriously considering just giving up before I posted here.
0 coins
Omar Fawaz
•Great update! Make sure to keep detailed records of all your communications with EDD, including names of representatives and dates you spoke with them. That temporary hold is critical, so if you get any collection notices in the meantime, you can reference that specific conversation. Best of luck with your appeal!
0 coins