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Freya Nielsen

Can you file bankruptcy on Washington ESD unemployment overpayment debt?

I got hit with a massive $8,200 overpayment notice from Washington ESD last month. They're saying I didn't report some part-time work properly during my claim period in 2023, but I swear I reported everything through my weekly claims. Now they want the full amount back plus penalties and I'm totally broke. My credit is already shot and I can barely afford rent. Has anyone tried filing bankruptcy to get rid of unemployment overpayment debt? I heard somewhere that government debts can't be discharged but I'm not sure if that applies to Washington ESD overpayments. I'm desperate here and don't know what other options I have.

Unfortunately unemployment overpayments are generally not dischargeable in bankruptcy. They're considered government debts similar to tax debts. However, you should definitely appeal the overpayment determination first - you have 30 days from the notice date. If Washington ESD made an error in calculating the overpayment, you might be able to get it reduced or eliminated entirely.

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I didn't know I could appeal it! The notice didn't make that very clear. Is there a specific form I need to fill out?

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Yes, there should be appeal instructions on your overpayment notice. You can also appeal online through your SecureAccess Washington account or call Washington ESD directly.

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Before you do anything drastic, you need to challenge this overpayment. I had a similar situation last year where they claimed I owed $5,400. Turns out their system had a glitch and wasn't properly recording my work reports. After I appealed with documentation, they reversed the entire overpayment.

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What kind of documentation did you provide? I'm worried I don't have everything they'll want to see.

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I gathered all my pay stubs, work schedules, and screenshots of my weekly claim submissions. Also got a letter from my employer confirming my work dates and hours.

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I've been dealing with Washington ESD for months trying to get through to someone about my overpayment issue. The phone lines are always busy and when I do get through, I get transferred around until the call drops. It's incredibly frustrating when you're trying to resolve something this serious. I actually found this service called Claimyr that helps you get through to Washington ESD agents - they have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out if you need to speak with someone directly about your appeal.

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I've never heard of that service. Does it actually work for getting through to Washington ESD?

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Yeah it worked for me. Saved me hours of trying to call and getting busy signals. They basically handle the calling process so you don't have to sit there redialing.

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Sounds too good to be true honestly. How much does something like that cost?

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The bankruptcy route won't work for unemployment overpayments but you do have other options. Washington ESD offers payment plans if you can't pay the full amount. You can also request a waiver if you can prove financial hardship or that the overpayment wasn't your fault. Don't ignore this - they can garnish wages and tax refunds if you don't address it.

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A payment plan might be doable if I can get them to work with me. Do you know how to request that?

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You'll need to contact Washington ESD and specifically ask about setting up a repayment agreement. They usually want some kind of financial statement showing your income and expenses.

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DONT FILE BANKRUPTCY OVER THIS!!! I made that mistake and spent thousands on a lawyer only to find out unemployment debt doesnt go away. You need to fight the overpayment first. Most of these notices are wrong anyway because Washington ESD's computer system is garbage.

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Oh no, I'm sorry you went through that. How much did the bankruptcy cost you?

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About $3000 in attorney fees plus court costs. Complete waste of money since the unemployment debt was still there after discharge.

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I'm not a lawyer but I work in bankruptcy law and can confirm that unemployment overpayments are NOT dischargeable. They fall under the category of government debts that survive bankruptcy. However, Chapter 13 bankruptcy might help you reorganize your other debts to free up money for an Washington ESD payment plan.

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That's actually helpful to know. So bankruptcy might help with my other debts even if it can't touch the unemployment overpayment?

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Exactly. If you have credit card debt, medical bills, etc., eliminating those through bankruptcy could make the unemployment overpayment more manageable.

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same thing happened to my brother last year. washington esd said he owed like 6 grand and he freaked out. ended up appealing it and they reduced it to like 800 bucks. definitely appeal before you do anything else

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That's encouraging! Did he have a lawyer help with the appeal?

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nah he did it himself. just gathered up all his paperwork and submitted it online

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Just want to emphasize again - you MUST appeal this within 30 days or you lose your right to challenge the overpayment. Even if you end up owing something, the amount could be significantly reduced. I've seen cases where Washington ESD's initial calculation was way off due to data entry errors or system glitches.

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I'm definitely going to appeal. The 30-day deadline has me worried though - the notice is dated almost 3 weeks ago.

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Don't wait any longer then. File the appeal immediately, even if you don't have all your documentation ready. You can supplement it later.

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Been through this exact situation. Washington ESD claimed I owed $4,800 for unreported earnings. Spent weeks trying to call them to explain but could never get through. Finally used Claimyr to connect with an agent who looked at my case and realized their system had double-counted some of my reported wages. The whole overpayment was reversed within a week once I got to talk to the right person.

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So the service that was mentioned earlier really does work? I'm getting desperate to talk to someone there.

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Yeah it saved me a ton of time and stress. Much better than sitting on hold for hours or getting busy signals all day.

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Look into requesting an overpayment waiver. If you can show that repaying the money would cause financial hardship, Washington ESD might waive all or part of the debt. You'll need to provide financial documentation but it's worth trying, especially if the overpayment wasn't due to fraud.

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I had no idea waivers were even an option. Is there a specific form for that?

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Yes, it's called a Request for Waiver form. You can find it on Washington ESD's website or request it when you call them.

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Whatever you do, don't ignore this. A friend of mine ignored an overpayment notice and Washington ESD garnished his wages. Took 25% of his paycheck every week until it was paid off. At least if you set up a payment plan you have some control over the amount.

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25% wage garnishment would absolutely destroy me right now. I'll definitely make sure to respond to this notice.

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Yeah it was brutal for him. Had to move back in with his parents because he couldn't afford rent anymore.

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Check if there's a statute of limitations on collecting unemployment overpayments in Washington. Some states have time limits on how long they can pursue collection, but I'm not sure about Washington specifically.

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In Washington, there's generally no statute of limitations on collecting unemployment overpayments. They can pursue collection indefinitely.

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That's harsh. Thanks for clarifying.

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I work for a nonprofit that helps people with debt issues. Unemployment overpayments are definitely not dischargeable in bankruptcy under current law. However, if you're facing multiple debts, Chapter 7 bankruptcy could eliminate your other obligations and make the unemployment debt more manageable. Also look into whether you qualify for legal aid - many areas have free legal services for low-income individuals facing debt collection.

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Free legal aid sounds helpful. How do I find out if I qualify for that in my area?

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Search for 'legal aid' plus your county name, or contact 211 for referrals to local resources.

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Had an overpayment issue too but mine was only like $1200. Still took forever to get it sorted out. The key is having good records of everything you reported. Do you have copies of your weekly claim submissions?

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I think I have some screenshots saved but probably not all of them. I wish I'd been more organized about keeping records.

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You might be able to get copies from Washington ESD as part of your appeal. They should have records of what you submitted.

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This whole system is so messed up. They make it nearly impossible to reach anyone by phone and then hit you with these huge overpayment bills. I swear they're just hoping people will pay without questioning it.

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It definitely feels like they're making it hard on purpose. The stress of this whole situation is killing me.

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I get it. The whole process is designed to be intimidating. Just remember you have rights and options.

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Quick question - did you receive any warnings before this overpayment notice? Sometimes Washington ESD sends letters asking for clarification before determining an overpayment.

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No, this notice was the first I heard about any problem. That's part of what makes me think there might be an error.

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That's definitely worth mentioning in your appeal. They're supposed to give you a chance to provide additional information before making a final determination.

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Don't let them intimidate you. I successfully appealed a $3,600 overpayment last year. The key is being persistent and providing clear documentation. Also, if you do end up owing something, negotiate a reasonable payment plan rather than trying to pay it all at once.

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What was the appeals process like? How long did it take to get resolved?

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Took about 6 weeks from when I submitted my appeal to getting the decision. They ended up reducing my overpayment to $400.

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I used to work for Washington ESD and can tell you that many overpayment determinations get overturned or reduced on appeal. The automated system often makes errors, especially when it comes to calculating wages and work hours. Always appeal if you believe the determination is wrong.

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That's reassuring to hear from someone who worked there. Any insider tips for a successful appeal?

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Be thorough with your documentation and clearly explain any discrepancies. The appeal reviewers are human and will consider your explanation if it's well-supported.

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If you need to speak with Washington ESD urgently about this overpayment, I had good luck using Claimyr recently. It's way better than trying to call yourself and dealing with busy signals all day. The website is claimyr.com and they have a demo showing how it works. Really saved me time when I was dealing with a similar issue.

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I keep seeing mentions of this service. At this point I'm willing to try anything to get through to them.

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It's worth it if you're stuck in the calling loop. Much less stressful than doing it yourself.

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Mei Liu

Bottom line - bankruptcy won't help with unemployment debt but you have other options. Appeal first, request a waiver if appropriate, and negotiate a payment plan if you end up owing something. Don't let Washington ESD steamroll you into accepting their initial determination without a fight.

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Thanks everyone for all the advice. I'm going to file an appeal tomorrow and gather all my documentation. This has been really helpful.

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Mei Liu

Good luck! Remember, you have rights in this process so don't be afraid to advocate for yourself.

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