What happens when you owe unemployment money to NYS Department of Labor - need advice
I just received a letter from NYS Department of Labor saying I owe them $2,800 in overpayment from my unemployment claim last year. I'm completely confused because I thought I was following all the rules when I was collecting benefits. The letter mentions something about 'fraud penalties' but I swear I never intentionally did anything wrong. What exactly happens now? Can they garnish my wages or take money from my bank account? I'm really scared about this whole situation and don't know what my options are.
25 comments


Ravi Kapoor
Don't panic yet - you have rights and options when dealing with NYS Department of Labor overpayments. First, check if the overpayment notice includes fraud penalties or if it's just a regular overpayment. Fraud penalties add 15% to the total amount owed. You have 30 days from the notice date to either pay in full or request a payment plan. If you believe the overpayment is incorrect, you can also file an appeal within that same 30-day window.
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Isabella Oliveira
•The letter does mention fraud penalties but I honestly don't understand how they determined this was fraud. How do I know if I should appeal or just set up a payment plan?
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Freya Larsen
Here's what actually happens if you owe money to NYS Department of Labor: They can offset future unemployment benefits, intercept your state tax refunds, and yes - they can garnish wages after going through the proper legal process. They can also report the debt to credit agencies. However, they usually work with people on payment plans if you contact them proactively. The key is not to ignore it because the penalties and interest keep adding up.
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GalacticGladiator
•This happened to my brother last year. They took his entire tax refund without warning. He had to call multiple times to get them to explain the overpayment calculation.
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Omar Zaki
ugh the same thing happened to me except mine was for like $4200!! turns out when i worked part time while on unemployment i reported it wrong somehow. took forever to get someone on the phone to explain it. if you cant get through to NYS Department of Labor try calling early in the morning
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Isabella Oliveira
•How did you end up resolving it? Did you have to pay the full amount back?
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Omar Zaki
•yeah i had to pay it all back but they let me do a payment plan. took like 8 months but at least no more penalties
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Chloe Taylor
I was in a similar situation last year and couldn't get through to NYS Department of Labor no matter how many times I called. Someone on here recommended using Claimyr (claimyr.com) to help get through to an actual agent. They have this video demo that shows exactly how it works: https://youtu.be/qyftW-mnTNI. I was skeptical at first but it actually worked - got connected to someone who explained my overpayment issue in detail and helped me set up a payment plan over the phone.
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Diego Flores
•Never heard of that service before. Did they charge you anything to help get through?
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Chloe Taylor
•Yeah there's a fee but honestly it was worth it to finally talk to someone who could actually help instead of sitting on hold for hours and getting disconnected.
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Anastasia Ivanova
The NYS Department of Labor overpayment system is absolutely broken. They send these scary letters with huge penalties but half the time their own system caused the error. I've been fighting a $1,900 overpayment for months because THEIR website glitched when I was certifying my weekly claims. Now they want ME to prove it was their mistake. It's ridiculous.
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GalacticGladiator
•That's so frustrating! Have you tried keeping screenshots of everything now? I learned to document every interaction after my first overpayment mess.
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GalacticGladiator
Just want to add that if you do set up a payment plan with NYS Department of Labor, make sure you get it in writing and keep making payments even if they're small. Missing payments can trigger additional penalties and they might demand the full balance immediately. Also keep records of every payment you make because their system doesn't always update correctly.
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Isabella Oliveira
•Good point about getting it in writing. I definitely don't want to make this situation any worse than it already is.
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Liam Murphy
I went through something similar about 6 months ago. The most important thing is to act within that 30-day window - don't let it pass! Even if you're not sure whether to appeal or set up payments, at least call them to discuss your options before the deadline. In my case, I was able to get the fraud penalties removed by showing it was an honest mistake in how I reported my work hours. The appeals process takes time but it's worth it if you genuinely believe there was an error. Document everything and don't be afraid to ask for supervisors if the first person you talk to isn't helpful.
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Isabella Ferreira
•Thank you so much for sharing your experience! This gives me hope that the fraud penalties might be removable if I can prove it was genuinely a mistake. Can you tell me more about what kind of documentation you used to show it was an honest error? I'm worried I might not have kept good enough records from when I was collecting benefits last year.
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Sophia Miller
•@b4670b530c67 I'm curious about this too! I'm dealing with a similar fraud penalty situation and I'm trying to figure out what documentation would be most helpful. Did you have to provide pay stubs, work schedules, or something else to prove the mistake was unintentional? Also, how long did the appeals process take from start to finish? I'm trying to decide if I should just set up a payment plan or fight it through appeals.
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Emma Wilson
•@b4670b530c67 This is really encouraging to hear! I'm actually the original poster (Isabella Oliveira) but posting from a different account now. I've been so stressed about those fraud penalties. Did you have to hire a lawyer or were you able to handle the appeals process yourself? Also, when you called to discuss options before the deadline, did they give you any indication of whether your case might be eligible for penalty removal, or did you have to wait until the formal appeals process to find out?
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Jamal Brown
I'm new to this community but going through the exact same nightmare right now. Got hit with a $3,200 overpayment notice last week and I'm terrified. Reading through everyone's experiences here is both scary and reassuring at the same time - scary because it sounds like this system is really broken, but reassuring because it seems like there are ways to fight back or at least get on payment plans. I'm definitely going to try calling early in the morning like someone suggested, and I'm really interested in hearing more about how people successfully got fraud penalties removed. Has anyone here actually beaten one of these overpayment cases completely, or does everyone end up having to pay something back in the end?
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Dylan Mitchell
•Welcome to this stressful club nobody wants to be in! I totally understand that mix of fear and hope you're feeling. From what I've seen in this thread and my own research, it seems like completely beating these cases is pretty rare, but getting penalties reduced or removed definitely happens if you can prove it was an honest mistake. The key things I'm taking away are: 1) Don't miss that 30-day deadline, 2) Document everything you can find from when you were collecting benefits, 3) Be persistent with phone calls, and 4) Consider the appeals process if you genuinely believe there was an error. Even if you end up paying something back, getting those fraud penalties removed could save you hundreds or thousands of dollars. Good luck with your early morning phone calls - hopefully you'll get through to someone who can actually explain what happened!
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Oliver Fischer
I went through this exact situation about 18 months ago and want to share what I learned. First, don't ignore that 30-day window - it's crucial. I initially panicked and almost let the deadline pass, which would have been a huge mistake. The "fraud penalties" designation is often applied automatically by their system when there's any discrepancy in reporting, even if it was genuinely unintentional. I was able to get mine reduced from $3,400 to $1,800 by appealing and providing documentation that showed I had misunderstood the reporting requirements for part-time work while collecting benefits. The appeals process took about 4 months, but it was worth it. Even if you end up owing something, getting those fraud penalties removed can save you a significant amount. My advice: call them immediately to discuss your options, gather any documentation you have from that time period (pay stubs, work schedules, emails with employers), and don't be afraid to appeal if you genuinely believe it was an error. The system is definitely flawed, but there are ways to fight back if you're persistent.
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Yara Nassar
•This is incredibly helpful, thank you for sharing such detailed information! Your experience gives me real hope that I can get through this. I'm curious - when you gathered documentation to show you misunderstood the reporting requirements, what specific documents ended up being most persuasive in your appeal? I'm trying to figure out what I should focus on collecting since my situation also involves part-time work while on benefits. Also, did you handle the appeals process yourself or did you get help from someone who understood the system? I'm trying to decide if I should attempt this on my own or if I need professional assistance.
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Lydia Santiago
•@3103851ab1f5 Thank you so much for this detailed breakdown! Your success story is exactly what I needed to hear right now. I'm especially interested in understanding how you documented that you misunderstood the reporting requirements - did you have to show what information was available to you at the time, or did you focus more on demonstrating that your mistake was reasonable given the circumstances? I'm in a similar boat with part-time work reporting, and I'm worried that I don't have enough documentation from over a year ago. Also, when you called initially to discuss options, did they give you any sense of whether your case had a good chance for appeal, or is that something you only find out after going through the formal process? I have about 20 days left on my deadline and trying to figure out the best strategy.
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Hunter Brighton
•@3103851ab1f5 Your story is really encouraging! I'm dealing with a similar overpayment situation and I'm wondering about the timeline - you mentioned the appeals process took about 4 months. During that time, were you required to make any payments while the appeal was pending, or did they put everything on hold until the decision was made? I'm trying to figure out if I should set up a payment plan as a backup while also filing an appeal, or if appealing automatically pauses any payment requirements. Also, did you have to attend any hearings or was it all handled through paperwork? I'm nervous about potentially having to argue my case in person if that's part of the process.
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McKenzie Shade
I'm going through this exact situation right now and it's so overwhelming! Reading through everyone's experiences here has been both terrifying and helpful. I received my overpayment notice about 10 days ago for $2,100 with fraud penalties, and I've been losing sleep over it. Like many of you, I honestly thought I was following the rules correctly when reporting my part-time work while collecting benefits. The worst part is trying to get someone on the phone - I've called probably 15 times and either get disconnected or stuck on hold for hours. I'm definitely going to try the early morning calling strategy that several people mentioned. Has anyone had success with requesting detailed documentation from NYS DOL about exactly how they calculated the overpayment? I feel like I need to understand their math before I can decide whether to appeal or just set up payments. This whole system seems designed to intimidate people into just paying without questioning anything.
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