EDD threatening wage garnishment for overpayment - need urgent help after becoming homeless

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.

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

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.

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!!!!!

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.

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!!!

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.

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.

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

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.

So glad to hear you're taking action and getting help! Your update gives me hope for my own situation. I'm dealing with a similar overpayment issue right now and was feeling completely overwhelmed. One thing I'd add from my experience - when you meet with legal aid, ask them about requesting a hearing if your initial appeal gets denied. Sometimes you need to go through multiple levels of appeals, but having legal aid guide you through that process makes a huge difference. Also, keep copies of EVERYTHING - every form, every letter, every communication. EDD has a habit of "losing" paperwork, so having your own complete file is crucial. Thanks for sharing your progress - it really helps to know there are people out there who successfully navigate this nightmare!

I'm really glad to see this thread helping so many people! As someone who went through a similar EDD overpayment situation about 6 months ago, I wanted to add a few more tips that might help: 1. When you're gathering documentation for your hardship waiver, include utility bills, rent receipts, medical bills - anything that shows your actual monthly expenses. The more detailed your financial picture, the stronger your case. 2. If you were homeless, try to get documentation from any shelters you stayed at, social services you contacted, or even friends/family who can write letters confirming your housing situation. 3. Don't be discouraged if your first appeal gets denied - this happens a lot even for legitimate cases. The hearing process that others mentioned is where many people finally get their overpayments resolved. 4. Consider reaching out to your local assembly member's office. They often have staff who specialize in helping constituents with EDD issues and can sometimes get faster responses. The system is definitely broken and unfair, but seeing people like Freya take action and get results gives me hope that others can too. Keep fighting for yourselves - you deserve better than this bureaucratic nightmare!