Can Washington ESD take your taxes to recover unemployment overpayment?
I just got a scary letter from Washington ESD saying I owe them $2,800 from an overpayment last year. The letter mentions they can intercept my tax refund to collect the debt. Is this actually legal? Can they really take my tax money without my permission? I'm supposed to get around $1,400 back this year and I really need that money for rent. Has anyone dealt with this before?
54 comments


Connor Gallagher
Yes, unfortunately Washington ESD can and will intercept your federal and state tax refunds to recover overpayments. This is called Treasury Offset Program (TOP) for federal refunds and they have similar agreements with the state. Once the debt is established, they don't need additional permission to take your refund.
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Zainab Omar
•That's terrible! Is there any way to stop this from happening? I really can't afford to lose my refund right now.
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Connor Gallagher
•You can request a payment plan or appeal the overpayment decision if you believe it's incorrect. Contact Washington ESD immediately to discuss options before your refund gets intercepted.
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Yara Sayegh
same thing happened to me in 2023. they took my entire $900 refund without warning even though i was trying to set up payments. the system is brutal
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Zainab Omar
•Did you ever get any of it back? This seems so unfair especially when people are already struggling financially.
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Yara Sayegh
•nope, once they take it its gone. but i did eventually get the overpayment amount reduced through an appeal process
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Keisha Johnson
I had success using Claimyr to actually get through to Washington ESD when I was dealing with an overpayment issue. Their service helped me reach an agent who explained my options for setting up a payment plan before the tax intercept happened. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Zainab Omar
•How much does that service cost? I'm already tight on money and can't afford expensive services right now.
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Keisha Johnson
•It's worth checking out their site for details, but honestly the cost was nothing compared to potentially losing my entire tax refund. Getting through to an actual person at Washington ESD is nearly impossible otherwise.
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Paolo Longo
•I'm skeptical of these third-party services. Can't you just keep calling Washington ESD yourself?
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Keisha Johnson
•You can try, but I spent weeks calling and either got busy signals or hung up on after waiting hours. Claimyr got me through in one day.
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CosmicCowboy
The key is to act fast before the tax intercept process starts. Washington ESD typically sends multiple notices before they initiate the Treasury Offset. You should have received at least one overpayment determination notice before this collection notice. Did you appeal the original overpayment decision?
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Zainab Omar
•I got the first notice but honestly I was so overwhelmed I just put it aside. I didn't realize they could take my taxes!
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CosmicCowboy
•You may still be able to appeal even after the initial deadline, especially if you can show good cause for the delay. Contact Washington ESD immediately to discuss your options.
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Amina Diallo
THIS IS EXACTLY WHY THE UNEMPLOYMENT SYSTEM IS BROKEN!!! They make it impossible to reach anyone, send confusing notices, then STEAL your tax money when you can't figure out their bureaucratic maze. It's criminal how they treat people who are already struggling financially.
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Oliver Schulz
•I feel your frustration but calling it stealing isn't accurate. If there was a legitimate overpayment, they do have the legal right to collect it.
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Amina Diallo
•Legal doesn't make it right when their own system errors cause half these overpayments in the first place!
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Natasha Orlova
wait can they take your whole refund or just part of it? i owe them like $500 but expecting a $2000 refund
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Connor Gallagher
•They can only take up to the amount you owe, so in your case they'd take $500 and you'd get the remaining $1,500. However, if you're married filing jointly, it gets more complicated.
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Natasha Orlova
•ok thats not as bad as i thought. still sucks though
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Javier Cruz
I work in tax preparation and see this every season. The tax intercept is one of the most powerful collection tools government agencies have. Washington ESD doesn't need a court order or additional notice once the debt is established. Your best bet is to contact them BEFORE tax season to set up a payment arrangement.
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Zainab Omar
•Is there any way to know for sure if they've already initiated the intercept process for this tax season?
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Javier Cruz
•You'd need to contact Washington ESD directly to check the status. The intercept typically happens automatically when you file your return if the debt is in their system.
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Emma Wilson
Just went through this exact situation. I owed Washington ESD $1,200 and they took my entire state refund of $800. The remaining $400 is still showing as owed on my account. The worst part is you don't get any advance notice when they actually take the money - it just disappears from your expected refund.
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Zainab Omar
•That's so stressful! Were you able to work out a payment plan for the remaining balance?
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Emma Wilson
•Eventually yes, but it took forever to get through to someone. I wish I had known about services like Claimyr earlier - would have saved me months of frustration.
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Malik Thomas
Does anyone know if they can take your refund if you're on a payment plan? I've been making monthly payments but I'm worried they might still intercept my taxes.
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Connor Gallagher
•If you have an active, current payment agreement with Washington ESD, they typically won't initiate tax intercept. However, you should confirm this directly with them to be absolutely sure.
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Malik Thomas
•Thanks, I'll definitely call to verify. Better safe than sorry with tax season coming up.
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NeonNebula
The timing of this is awful since tax refunds are often the only significant money people get all year. I had to use my refund for car repairs and when Washington ESD took it, I was completely stuck. There should be exemptions for people in financial hardship.
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Isabella Costa
•There actually are some hardship provisions, but you have to proactively request them. Most people don't know about these options.
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NeonNebula
•I never heard about hardship exemptions. How do you request that?
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Isabella Costa
•You need to contact Washington ESD and request a hardship review. They'll look at your financial situation and may suspend collection activities if you qualify.
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Ravi Malhotra
For anyone dealing with this - make sure you understand WHY you have the overpayment first. Sometimes Washington ESD makes mistakes in their calculations or doesn't properly account for reported wages. Don't just assume the debt is correct.
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Zainab Omar
•That's a good point. How can I verify if the overpayment amount is actually correct?
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Ravi Malhotra
•Request a detailed breakdown of the overpayment calculation and compare it to your records of reported wages and benefit payments. If there are discrepancies, you can appeal.
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Freya Christensen
heads up - they can also take your spouse's portion of the refund if you file jointly, even if the debt is only in your name. learned this the hard way
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Omar Farouk
•That's not entirely accurate. The spouse can file an injured spouse claim to get their portion back, but it's an additional process.
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Freya Christensen
•yeah but that takes months and you have to know to do it. most people don't find out until after the money is already gone
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Chloe Davis
I successfully got my overpayment reduced by $1,400 by appealing with proper documentation. The key was showing that Washington ESD had incorrect wage information in their system. Don't give up - these decisions can be overturned if you have evidence.
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Zainab Omar
•What kind of documentation did you need for the appeal? I want to make sure I gather everything before I start the process.
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Chloe Davis
•Pay stubs, W-2s, records of all wages you reported during your claim period, and copies of your weekly claim certifications. The more documentation you have, the better.
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AstroAlpha
Another option people don't consider is requesting an installment agreement BEFORE they file their taxes. If Washington ESD agrees to monthly payments, they may hold off on the tax intercept. But you have to be proactive about it.
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Zainab Omar
•How do I request an installment agreement? Is there a specific form or do I just call them?
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AstroAlpha
•You'll need to call Washington ESD directly. There's no online option for payment plans unfortunately. Be prepared for long wait times - I'd recommend using a service like Claimyr to actually get through to someone.
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Diego Chavez
PSA: If you're expecting a large refund and owe Washington ESD money, consider adjusting your withholding so you don't get a refund next year. That way there's nothing for them to intercept. Better to owe a small amount at tax time than lose a big refund.
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Anastasia Smirnova
•That's actually smart financial planning regardless. Tax refunds are just interest-free loans to the government.
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Zainab Omar
•Good point, but that doesn't help with this year's situation. I need to figure out how to protect my current refund.
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Sean O'Brien
I tried everything - calling, emailing through their portal, even writing letters. Nothing worked until I used Claimyr to get through to an actual person at Washington ESD. Within two days I had a payment plan set up and avoided the tax intercept completely. Sometimes you just need to accept that the normal methods don't work and find an alternative.
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Zainab Omar
•I'm starting to think that might be my only option. The regular phone lines are completely useless.
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Zara Shah
•I was skeptical about using a third-party service but honestly it was worth every penny to avoid losing my $2,200 refund.
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Luca Bianchi
Just want to add that the tax intercept isn't just federal - Washington State can also take your state refund for Washington ESD debts. So if you're counting on both federal and state refunds, both could be at risk.
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Zainab Omar
•Oh no, I didn't even think about the state refund! This keeps getting worse.
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Luca Bianchi
•Sorry to be the bearer of bad news, but it's better to know now so you can take action. Contact Washington ESD immediately to discuss your options.
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