Can Washington ESD unemployment overpayments be discharged in Chapter 7 bankruptcy?

It definitely wasn't fraud - I just misunderstood the reporting requirements. Do I need special documentation to prove that?

Yes, gather all your correspondence with Washington ESD about the overpayment, your original claim documents, and any evidence showing you attempted to report correctly. Your bankruptcy attorney will know how to present this.

I've been trying to call Washington ESD for weeks but can never get through. The phone system just hangs up on me.

I had the same problem reaching Washington ESD until I found Claimyr.com. They help you get through to an actual agent - there's even a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth trying before bankruptcy.

Thanks, I'll check that out. Getting to talk to someone would definitely help clarify what happened.

How long did the bankruptcy process take? I'm worried about Washington ESD trying to collect while it's pending.

About 4 months total. Once you file, there's an automatic stay that stops most collection activity. But you need to make sure the overpayment is properly scheduled in your bankruptcy paperwork.

I reported the work, I just think I calculated the hours wrong or something. The whole system was confusing with how they wanted it reported.

That's exactly why intent matters. Miscalculating vs. not reporting at all are very different things in the eyes of the law.

I tried their online system but couldn't find any payment plan options. Do I need to call them directly?

Yes, payment plans usually have to be arranged by phone. That's where getting through to an agent becomes crucial.

That gives me hope! How did she finally get through to them?

She used some service that helps you get connected to Washington ESD agents. I think it was called Claimyr or something like that. Saved her hours of calling.

What kind of evidence would help prove it wasn't intentional?

Documentation showing you attempted to report correctly, correspondence with Washington ESD, evidence of confusion about requirements, anything showing good faith effort to comply with the rules.

Exactly! I wish they had better instructions or examples. The whole thing is unnecessarily complicated.

They really need to simplify that system. So many people make honest mistakes because the instructions are unclear.

What's a typical settlement look like in these cases?

Varies widely, but often involves partial discharge or extended payment terms. The key is having strong documentation about how the overpayment occurred.

Good point. I just accepted their calculation but I should probably verify it myself.

Definitely worth double-checking. If you need to reach Washington ESD, that Claimyr service I mentioned earlier really does work. Way better than sitting on hold for hours.

Yeah I'm definitely not ignoring it. That's why I'm looking at all my options including bankruptcy.

What kind of evidence did your attorney use to prove it was their error?

Mainly correspondence showing conflicting instructions from Washington ESD and evidence that I had reported everything as they initially told me to. The key was showing good faith compliance.

I didn't know about requesting a waiver. What are the qualifications for that?

Generally you need to show the overpayment wasn't your fault and that repayment would cause financial hardship. Each state has different criteria though.

How long does the automatic stay last?

Until your bankruptcy case is closed or dismissed, typically 3-6 months for Chapter 7. But it can be lifted if the creditor successfully objects.

I would if I could afford payments, but I'm already behind on everything else. That's why bankruptcy is on the table.

I hear you. The financial stress from these overpayments is no joke. Hope you find a solution that works.

Good advice. I'll start gathering all my Washington ESD correspondence and wage records from that time period.

Also keep records of any attempts to contact Washington ESD. Shows you're trying to resolve it in good faith.

Thanks for the confirmation. At this point I'm willing to try anything to get through to them.

Yeah, their system actually works. Way better than the endless busy signals from calling directly.

That's interesting. So even if it's not dischargeable, there might still be some benefit to including it in bankruptcy?

Exactly. The bankruptcy leverage can sometimes help negotiate better terms even for non-dischargeable debts.

Thanks. It's frustrating because I was trying to do everything right. The system just makes it so easy to make mistakes.

Totally agree. The whole system needs to be more user-friendly and forgiving of honest mistakes.