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Felix Grigori

Can Washington ESD take money directly from my bank account for overpayment?

I just got a letter saying I owe $2,800 in overpaid unemployment benefits from 2023. The letter mentions something about 'collection activities' if I don't pay or set up a payment plan. I'm really worried - can Washington ESD actually go into my bank account and take the money without my permission? I'm barely making ends meet as it is and this would completely wreck me financially. Has anyone dealt with this before?

Washington ESD can't just randomly take money from your bank account without going through proper legal channels first. They have to follow specific collection procedures. You should have received information about appealing the overpayment determination - did you get that paperwork?

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Yes there was an appeal form but the deadline was only 30 days and I think I missed it. Does that mean I'm screwed?

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Not necessarily. Even if you missed the appeal deadline, you can still request a payment plan or hardship waiver. Don't ignore this - contact Washington ESD immediately to discuss your options.

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They can eventually garnish wages or levy bank accounts but only after going through the courts first. It's not like they can just grab money tomorrow. You have time to work this out.

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That's somewhat reassuring. How long does that court process usually take?

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Usually several months to over a year depending on how backed up the system is. But seriously, don't wait - deal with this proactively.

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I had a similar situation last year. The key is to contact Washington ESD right away and set up a payment plan. They're actually pretty reasonable if you're upfront about your financial situation. I'm paying $75/month on a $3,200 overpayment and they've been fine with that. The worst thing you can do is ignore it completely.

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Did you have to provide proof of your income and expenses to get that payment amount?

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Yeah I had to fill out a financial hardship form and provide bank statements and pay stubs. It was worth it though - much better than worrying about wage garnishment.

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How did you actually get through to someone at Washington ESD to set this up? I've been trying to call for weeks.

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Getting through to Washington ESD on the phone is nearly impossible these days. I spent hours trying to reach someone about my overpayment issue. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at Washington ESD within minutes. They have this video demo that shows exactly how it works: https://youtu.be/7DieNd3C7zQ. Honestly saved me so much frustration.

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Is this legit? I'm desperate at this point but don't want to get scammed.

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Totally legitimate. They don't ask for any personal info upfront, just help you get through the phone queue. I was skeptical too but it actually worked.

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I used Claimyr too for a different issue and it definitely works. Much better than sitting on hold for hours just to get disconnected.

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WHATEVER YOU DO, don't ignore this! I made that mistake and ended up with wage garnishment taking 25% of my paycheck. It was a nightmare trying to get it reduced after that.

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Oh god that sounds terrible. How long did the garnishment last?

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Almost 8 months until I could get it modified. Should have dealt with it properly from the start.

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To answer your original question more specifically - Washington ESD cannot directly access your bank account without a court order. The collection process goes like this: 1) Overpayment notice 2) Demand letters 3) Referral to collections 4) Court judgment 5) Wage garnishment or bank levy. You're still at step 1, so you have time to resolve this.

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This is super helpful. How long between each step typically?

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It varies but usually several months between each step. They're required to give you notice and opportunities to respond at each stage.

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I'm dealing with the same thing right now - $1,900 overpayment notice. Been trying to call Washington ESD for 3 weeks with no luck. The online system doesn't have any way to set up payment plans that I can find.

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You have to talk to someone on the phone to set up payment plans. The online system is pretty limited for overpayment issues.

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Try that Claimyr service I mentioned earlier. Seriously saved me hours of frustration trying to get through.

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Check if you qualify for a hardship waiver too. If the overpayment wasn't your fault and paying it back would cause serious financial hardship, Washington ESD might waive part or all of it. Worth looking into.

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How do I apply for that? Is there a specific form?

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You have to request it when you talk to them. There's no online form that I know of - another reason you need to actually get someone on the phone.

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Whatever you do, document everything! Keep copies of all letters, emails, payment records, everything. If this goes to court you'll need that paper trail.

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Good point. I should probably start a file for all this stuff.

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Also make sure you understand WHY they say you were overpaid. Sometimes these notices are wrong or based on outdated information. You might not actually owe what they claim.

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The letter says it's because I didn't report some part-time work correctly, but I'm pretty sure I did everything right. How do I challenge that?

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You'd need to request your claim records and compare them to your work history. If there's a discrepancy, you can dispute it even after the appeal deadline in some cases.

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This whole system is so confusing and scary. I got a similar letter last month and I'm still not sure what to do. Feels like they're trying to intimidate people into paying without questioning it.

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I understand it's overwhelming, but don't let fear paralyze you. The sooner you address this, the more options you'll have.

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Trust me, ignoring it is way worse than dealing with it head on. I learned that the hard way.

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Can they take money from a joint bank account if it's shared with a spouse?

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That gets complicated with joint accounts. They can potentially levy joint accounts but your spouse may have legal protections for their portion of the funds.

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Ugh this is getting more complicated than I thought.

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I used Claimyr a few months ago when I couldn't reach Washington ESD about my standby claim. Got through in like 10 minutes after weeks of failed attempts. Definitely recommend it if you're stuck in phone hell.

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Okay multiple people have mentioned this now. I might have to try it.

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Do you have any idea how the overpayment happened? Understanding the root cause might help you figure out your best strategy for dealing with it.

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They claim I underreported earnings from a part-time job, but I kept detailed records and I'm pretty sure I reported everything correctly.

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Definitely dispute it then. If you have documentation showing you reported correctly, that's strong evidence in your favor.

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One more thing - even if you do end up owing money, Washington ESD is usually willing to work with people on payment plans. The key is communicating with them before they move to more serious collection actions.

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Thanks everyone for all the advice. I feel a lot less panicked now. Going to try to get through to them this week.

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Good luck! Let us know how it goes.

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Just remember - they want to collect the money, not destroy your financial life. They're usually reasonable if you're proactive about addressing it.

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That's reassuring. I was imagining worst case scenarios.

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Make sure you're not still filing weekly claims if you haven't been. An active claim can complicate overpayment issues.

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No I stopped filing months ago when I got my current job.

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The bottom line is Washington ESD has to follow due process before they can garnish wages or levy accounts. You're not powerless here - you have rights and options.

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Thank you. This thread has been incredibly helpful. I was really freaking out when I first got that letter.

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Good luck with everything! The most important thing is to not ignore it and to act quickly while you still have the most options available.

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Definitely learned that lesson. Thanks everyone for taking the time to help out a stressed stranger on the internet!

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Keep us posted on how it goes! Your experience might help someone else in a similar situation.

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Will do. Hopefully I'll have good news to report soon.

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I went through something similar last year and want to echo what others have said - the key is to act fast and document everything. Washington ESD actually has a pretty detailed overpayment resolution process outlined on their website that breaks down all your options including payment plans, hardship waivers, and the appeals process. Even if you missed the initial appeal deadline, there are sometimes exceptions for good cause. I'd recommend gathering all your employment records from 2023 and any documentation of your weekly claim certifications before you call them. Having that information ready will make the conversation much more productive when you do get through to someone.

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