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Miguel Ramos

How long does it take for Washington ESD unemployment to garnish wages?

Got hit with an overpayment notice from Washington ESD saying I owe $2,800 from last year. They're threatening wage garnishment if I don't pay up or set up a payment plan. Does anyone know how long the process takes from the initial notice to them actually garnishing my wages? I'm trying to figure out if I have time to appeal this or if I should just start making payments. The notice says something about 30 days but I'm not sure if that's for the appeal or when they start garnishing.

You typically have 30 days from the notice date to file an appeal. If you don't appeal or set up a payment plan, Washington ESD can start the garnishment process after that 30-day period expires. The actual garnishment usually begins 2-4 weeks after they send the wage garnishment order to your employer.

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So I'm looking at maybe 6-8 weeks total from the notice date? That gives me some time to gather documents for an appeal.

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That's about right, but don't wait too long. The 30-day appeal deadline is firm and they won't extend it.

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They can garnish up to 25% of your disposable income or the amount by which your weekly wages exceed 30 times the federal minimum wage, whichever is less. But definitely try to appeal if you think the overpayment is wrong.

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25% would be brutal on my budget. I really need to figure out if this overpayment is legitimate or not.

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You should be able to get your payment history and work search records from your Washington ESD account to help with the appeal.

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Had the same thing happen to me last year. Took about 7 weeks from the notice to them actually taking money out of my paycheck. I tried calling Washington ESD a million times to get clarification but could never get through to anyone who could explain the charges.

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Did you ever get it resolved or are you still paying it back?

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Still paying. Gave up trying to appeal because I couldn't reach anyone to explain what I supposedly did wrong.

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You might want to try Claimyr - they help people get through to Washington ESD agents when you can't reach them normally. Check out claimyr.com, they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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whatever you do dont ignore it!!! they WILL garnish your wages and once they start its really hard to stop even if you appeal later. i learned this the hard way

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Good to know, definitely not planning to ignore it. Just trying to understand the timeline so I can plan accordingly.

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This is so true. My friend ignored his overpayment notice thinking it would go away and they garnished his wages for 8 months before he finally dealt with it.

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The garnishment timeline can vary depending on how quickly your employer responds to the wage garnishment order. Some employers process it immediately, others might take a week or two to update their payroll systems.

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That's a good point. I should probably give HR a heads up that this might be coming so they're not surprised.

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Most employers are required to notify you before they start garnishing, but the timing varies by company policy.

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I work in payroll and we usually get 2-3 Washington ESD garnishment orders per month. From our end, we have to start the garnishment with the next payroll cycle after receiving the order, which is usually within 1-2 weeks.

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That's really helpful insider info. So once my employer gets the order, it happens pretty fast.

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Do employers have any discretion in how they handle these, or is it mandatory?

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It's mandatory. We have no choice but to comply with the garnishment order once we receive it.

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You mentioned appealing - do you have good grounds for it? What was the reason for the overpayment? Sometimes they make mistakes with work search requirements or income reporting calculations.

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The notice wasn't very clear, just said 'improper payments' for certain weeks. I reported all my part-time work correctly as far as I know.

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You can request a detailed breakdown of the overpayment calculation. Sometimes there are errors in how they applied your reported earnings.

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Definitely get that breakdown before deciding whether to appeal. If their math is wrong, you have a good case.

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Pro tip: if you do set up a payment plan, make sure you get it in writing. I've heard of people whose payment plans weren't properly entered into the system and they got garnished anyway.

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This happened to my coworker! She was making payments but they garnished her anyway because of a system glitch.

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Wow, that's terrifying. How did she get it resolved?

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Took months and lots of phone calls. That's actually when she found out about Claimyr to help get through to someone who could fix it.

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The 30-day thing is definitely for your appeal rights. Once that window closes, you lose your right to contest the overpayment determination. After that, they can start collection actions including garnishment.

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So I really need to decide within the next couple weeks whether I'm going to appeal or just accept it and make payments.

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Yeah, don't procrastinate on this. The appeal deadline is hard and they won't make exceptions.

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Been there. My garnishment started exactly 45 days after my initial notice. They sent a final notice about 10 days before it started, then boom - 25% of my paycheck gone.

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Did you try to contact them during those 45 days?

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Tried calling dozens of times but could never get through. The hold times were insane and half the time I just got disconnected.

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This is exactly why services like Claimyr exist - to help people actually reach Washington ESD when the regular phone system fails them.

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make sure you understand what income they're calculating the garnishment on. its not your gross pay, its your 'disposable income' after taxes and other deductions

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That's actually somewhat reassuring. I was calculating based on gross pay and panicking about the amount.

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Still hurts though. Even 25% of disposable income is a lot when you're already struggling financially.

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I successfully appealed my overpayment last year. The key was getting copies of all my job search logs and proving I met the work search requirements. Took about 3 months for the appeal hearing but they reversed the whole thing.

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That gives me hope! How did you prepare for the hearing?

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Gathered every piece of documentation I could find - job applications, interview confirmations, work search logs. The more evidence the better.

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Did you have to get a lawyer or represent yourself?

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Represented myself. The hearing was actually pretty informal, just me explaining my side to an administrative law judge over the phone.

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One thing to consider - even if you appeal, you might want to start making voluntary payments to show good faith and stop interest from accruing. You can always get refunded if you win the appeal.

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Do they charge interest on overpayments? The notice didn't mention that.

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Yes, they can charge interest and penalties on unpaid overpayments. It's usually a small percentage but it adds up over time.

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Just went through this whole process. From initial notice to garnishment was 8 weeks for me. The key thing is they WILL follow through, so don't think they're bluffing. Either appeal if you have grounds or set up payments ASAP.

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8 weeks seems to be the average from what everyone's saying. That matches up with what I calculated.

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The timeline can vary though. I've seen some people get garnished after just 5 weeks and others took 10+ weeks.

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honestly the whole washington esd system is a mess. they send these notices with no clear explanation and then make it impossible to reach anyone who can help clarify. no wonder so many people just give up and pay

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So frustrating. You'd think for something as serious as wage garnishment they'd make it easier to get questions answered.

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This is why I'm grateful services like Claimyr exist. Sometimes you need help just getting through to the right person to understand what's happening with your case.

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Bottom line - if you think the overpayment is wrong, appeal within 30 days. If you know you owe it, set up a payment plan immediately. Don't let it go to garnishment if you can avoid it because then you lose control over the payment amount and timing.

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Thanks everyone for all the advice. I think I'm going to try to appeal since I'm not sure how they calculated the overpayment. If that doesn't work out, at least I'll understand what I actually owe.

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Good luck with the appeal! Make sure you file it before the deadline and keep copies of everything you submit.

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If you decide to appeal, make sure you request all the documentation they used to calculate your overpayment. You have the right to see exactly how they determined you owe that money - sometimes there are calculation errors or they applied earnings to the wrong weeks. I had a similar situation where they miscategorized some of my part-time income and I was able to get about $800 of my overpayment reversed just by showing them their mistake. The appeal process can be slow but it's worth it if you genuinely think there's an error.

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