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Zoe Dimitriou

Can Washington ESD garnish my federal tax return for overpayment?

Got a notice last week that I owe Washington ESD $2,800 from an overpayment they claim happened during my unemployment period in 2023. The letter mentions something about federal tax offset but I'm not sure what that means exactly. Can they really take my tax refund before I even see it? I was planning on using that refund to catch up on some bills. Has anyone dealt with this before?

Yes, Washington ESD can definitely intercept your federal tax refund through the Treasury Offset Program (TOP). It's one of the most common ways they collect unemployment overpayments. The process is automatic once your debt is referred to the federal government.

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Automatic? So there's nothing I can do to stop it?

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You can request a waiver or set up a payment plan before the offset happens. Contact Washington ESD immediately to discuss your options.

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this happened to me 2 years ago, they took my entire $1,200 refund without any warning beyond that initial notice

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Did you try to fight it or appeal the overpayment decision?

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i should have but didnt know i could at the time. learned my lesson the hard way

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If you're having trouble reaching Washington ESD to discuss payment options, I found this service called Claimyr that helped me get through to an actual agent. They have a system that calls ESD for you and gets you connected. Check out claimyr.com - they even have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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That sounds too good to be true. Does it actually work?

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It worked for me when I needed to discuss my overpayment situation. Saved me hours of busy signals and getting hung up on.

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I'm skeptical of services like this but honestly calling ESD is such a nightmare that I might try anything at this point

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The federal tax offset typically happens if you owe more than $25 and your debt has been outstanding for a certain period. Washington ESD has to follow specific procedures before referring your case to Treasury. Did you receive any previous notices about this overpayment?

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I got a notice about 6 months ago but thought I had more time to deal with it. Big mistake apparently.

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You might still have options. The offset process can take several months to go through the system. Call ESD as soon as possible to discuss hardship waivers or payment arrangements.

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Wait, can they take my refund even if I'm married and file jointly? My husband didn't receive any unemployment benefits.

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If you file jointly, they can offset the entire refund even if only one spouse owes the debt. However, the non-debtor spouse can file an 'injured spouse' form to get their portion back.

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That's terrifying. I need to talk to my husband about this immediately.

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This whole system is ridiculous! They make mistakes with overpayments all the time and then punish us for their errors. I've been fighting an overpayment for months and getting nowhere with their phone system.

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totally agree, the system is broken and they act like we're criminals for trying to get help during tough times

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That's exactly why I mentioned Claimyr earlier - their phone system is designed to keep us from actually talking to anyone who can help

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For anyone dealing with this situation, here are your main options: 1) Request a waiver if you believe the overpayment was not your fault, 2) Set up a payment plan to avoid offset, 3) Appeal the overpayment determination if you believe it's incorrect, or 4) Request a hardship waiver if repayment would cause financial hardship.

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How long do I have to request any of these options?

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It varies by option, but generally you want to act within 30 days of receiving the overpayment notice. Some options may still be available after that timeframe.

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I tried to set up a payment plan last year and they wanted $200/month which I couldn't afford. Ended up losing my refund anyway.

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Does anyone know if they notify you before the offset actually happens? Like do you get a final warning?

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The Treasury sends a notice before the offset, usually 60 days in advance. But many people miss it or don't understand what it means.

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Good to know. I'll be watching my mail more carefully.

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My tax preparer told me they can't take your refund if you owe less than $25. But $2,800 is way over that threshold so you're definitely at risk.

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Yeah, I'm way over that minimum. Guess I need to get serious about dealing with this.

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I successfully got a hardship waiver for my overpayment last year. Had to provide documentation of my financial situation but it was worth it. The key is proving that repayment would prevent you from meeting basic living expenses.

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What kind of documentation did you need to provide?

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Bank statements, rent receipts, utility bills, proof of income, basically everything showing your monthly budget and expenses.

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How long did the hardship waiver process take?

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About 2 months from when I submitted everything to when I got approval. But I had to follow up multiple times.

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This is making me paranoid about my own situation. I received unemployment in 2023 too and haven't gotten any overpayment notices yet. Should I be worried?

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Not necessarily. Overpayments usually result from reporting errors or changes in eligibility that ESD discovers later through wage audits or other reviews.

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Ok that's somewhat reassuring. I was pretty careful about reporting my work hours.

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The worst part is they charge interest on these overpayments! Mine started at $1,800 and is now over $2,000 because I couldn't pay it immediately.

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That's absolutely predatory. They make the mistake and then profit from it with interest charges.

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Interest rates are set by state law, currently at 1% per month. Payment plans can help prevent interest from accumulating further.

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Used that Claimyr service someone mentioned earlier and finally got through to ESD. Set up a payment plan for $75/month which should prevent the tax offset. Definitely recommend it if you're having trouble getting through.

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That gives me hope! I'm going to try calling again tomorrow and if I can't get through I'll check out that service.

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The payment plan was easy to set up once I actually talked to someone. The hard part is just getting through their phone system.

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can they take state tax refunds too or just federal?

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They can intercept both federal and state tax refunds. Washington doesn't have state income tax, but if you moved from another state and have a refund there, it could potentially be offset too.

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good thing im staying in washington then lol

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For what it's worth, I appealed my overpayment determination and won. Turned out ESD had incorrect wage information from one of my employers. The appeal process took 4 months but saved me $3,200.

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How did you find out they had incorrect wage information?

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I requested copies of all the wage records they had on file and compared them to my pay stubs. Found several discrepancies that changed my benefit calculations.

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This is good advice. Always verify the information ESD is using for their calculations.

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The bottom line is don't ignore these notices. I learned the hard way that ESD has a lot of collection tools at their disposal. Tax offsets are just the beginning - they can also garnish wages and bank accounts.

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Bank account garnishment too? This is getting scarier by the minute.

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Yes, but they have to follow legal procedures and usually try tax offsets first. The key is communicating with them before it gets to that point.

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Just want to add that if you do get your tax refund offset, you'll receive a notice explaining how much was taken and for what debt. You can still appeal or request review even after the offset happens.

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Good to know there are still options even if the worst happens. Thanks for all the helpful information everyone.

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Yeah this thread has been really informative. Wish I had found something like this when I was dealing with my overpayment situation.

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One more thing - if you're expecting a large refund this year, consider adjusting your withholding so less gets taken from your paychecks instead of giving the government an interest-free loan that might get offset anyway.

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That's actually really smart advice. I never thought about it that way.

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Just be careful not to under-withhold and end up owing taxes. There's a balance to strike.

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For anyone still reading this thread, remember that you have rights in this process. ESD has to follow due process procedures and you can request hearings if you disagree with their determinations. Don't just accept everything at face value.

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This whole experience has been a real eye-opener about how the system works. Thanks everyone for sharing your experiences and advice.

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I'm dealing with a similar situation and this thread has been incredibly helpful. One thing I want to add is that if you do decide to pursue a hardship waiver, make sure you're completely honest about your financial situation. I tried to downplay some expenses thinking it would look better, but the case worker told me they need the full picture to properly evaluate hardship. Also, keep copies of everything you submit - I had to resend documents twice because they claimed they never received them. The whole process is frustrating but persistence pays off.

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