How long does it take for NYS Department of Labor unemployment to garnish wages for overpayment?

NYS Department of Labor typically has to go through several steps before wage garnishment. First they'll send you multiple collection notices over 60-90 days. If you don't respond, they can issue a wage execution order to your employer. The whole process usually takes 3-6 months from the initial overpayment notice. You should definitely appeal within 30 days if you think the overpayment is wrong - this stops the collection process while your appeal is pending.

they garnished my wages last year and it took about 4 months from when i got the first letter. they can take up to 10% of your gross pay but they have to leave you with at least $170 per week i think

If you're having trouble reaching NYS Department of Labor to discuss your options, I had good luck using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was way easier than spending hours on hold only to get disconnected. I was able to get my overpayment issue sorted out before it went to garnishment.

DONT LET THEM GARNISH YOU!! I made that mistake and they took money for over a year. File the appeal even if you're not 100% sure you're right. The worst that happens is they deny your appeal and you're back where you started. But if you're right about reporting those hours they have to reverse the overpayment.

same thing happened to my brother except his was for like $4000. took them forever to actually start garnishing though, he had time to save up and pay most of it off before they got to his employer

For the appeal, you'll need your original weekly claim certifications showing you reported the work, pay stubs from that time period, and any correspondence from NYS Department of Labor. File it through the appeals section on my.ny.gov within 30 days of the overpayment notice date. Make sure to keep copies of everything you submit.

Good luck with your appeal! Just wanted to add that you should also check if you have any email confirmations from when you submitted those weekly certifications online. I had a similar situation and those confirmation emails really helped prove I had reported everything correctly. Also, if you used direct deposit for your unemployment benefits, your bank statements showing the deposits can help establish the timeline of when you were claiming benefits versus when you were working. The more documentation you have, the stronger your case will be.

I went through something similar last year and what really saved me was keeping detailed records during the appeal process. Make sure to request a hearing if your initial written appeal gets denied - I've seen cases where people win at the hearing level even after losing the paper review. Also, if you do end up owing something, NYS DOL is usually willing to work with you on payment plans that are way more manageable than wage garnishment. They'd rather get paid something regularly than deal with the paperwork of garnishing wages. The key is to stay in communication with them rather than ignoring their letters.