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Declan Ramirez

How to stop Washington ESD unemployment garnishment from my paychecks?

I just started a new job last month and Washington ESD is already garnishing 15% of my paycheck for an overpayment from 2023. I never got a proper hearing about this and the garnishment is making it impossible to pay my rent. HR said they got the garnishment order directly from Washington ESD and have to comply. Is there any way to stop this garnishment or at least reduce the amount? I can't afford to lose this much from each paycheck.

You can request a hearing to challenge the garnishment or ask for a payment plan. Washington ESD is required to send you notice before starting wage garnishment. Did you receive any correspondence about this overpayment determination?

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I think I got something in the mail but I was homeless at the time and missed a lot of mail. Can I still request a hearing even though it's been garnishing for weeks?

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Yes, you can still request a hearing. Contact Washington ESD immediately and explain your situation. They may be able to stop the garnishment pending the hearing outcome.

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You need to file a financial hardship claim with Washington ESD. They can reduce or stop garnishment if you can prove it's causing severe financial hardship. Document all your essential expenses like rent, utilities, groceries.

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How do I file a financial hardship claim? Is there a specific form or do I just call them?

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There's a specific form you need to fill out. You'll need to provide bank statements, pay stubs, and proof of your monthly expenses. The form should be available on the Washington ESD website.

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I had the same issue trying to reach Washington ESD about my garnishment. Spent hours on hold getting nowhere. Finally used claimyr.com to get through to an actual agent who helped me set up a payment plan. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works.

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Did they actually stop your garnishment or just reduce it? I really need this to stop completely if possible.

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They stopped mine temporarily while we worked out a payment plan. The agent explained that garnishment is usually their last resort and they prefer voluntary payments.

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How much does that Claimyr service cost? I'm already broke from the garnishment so I can't afford expensive services.

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WASHINGTON ESD GARNISHMENT IS SUCH BS! They garnished my wages for 8 months for an overpayment that I never should have had to pay back. The whole system is rigged against working people.

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Did you ever get it resolved? I'm starting to panic that this will go on forever.

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Eventually got it sorted out but it took forever. Had to prove that their initial determination was wrong.

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Before garnishment, Washington ESD should have sent you: 1) Notice of overpayment determination, 2) Demand for repayment, 3) Notice of intent to garnish wages. If you didn't receive these or couldn't respond due to homelessness, that's grounds for appeal.

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I definitely didn't get all of those. What happens if they didn't follow proper procedure?

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If they didn't follow proper notice procedures, you can challenge the garnishment on procedural grounds. This is a strong argument for stopping the garnishment.

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wait can they really take 15% of your whole paycheck??? that seems like way too much especially if you're already struggling

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Washington state law allows up to 25% of disposable earnings for debt collection, but there are protections for low-income workers. The first $500 per week is generally protected.

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I only make about $600 a week so they're taking almost everything above the protected amount. It's brutal.

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You should also check if the overpayment calculation is even correct. A lot of these Washington ESD overpayment determinations have errors. Request a copy of their calculation and review it carefully.

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Good point. I never actually saw the breakdown of how they calculated the overpayment amount.

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Exactly. I've seen cases where they miscalculated work hours or included benefits that shouldn't have been counted as overpayments.

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Contact your local legal aid office too. Many offer free assistance with unemployment overpayment cases. They can help you navigate the appeal process and represent you at hearings.

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I didn't know legal aid helped with unemployment issues. That could be really helpful since I have no idea what I'm doing.

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Yes, they deal with these cases regularly. They know all the procedural requirements and can spot errors in Washington ESD's determinations.

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The key is acting fast. The longer you wait, the harder it becomes to challenge the garnishment. I'd suggest using Claimyr to get through to Washington ESD quickly rather than waiting on hold for hours.

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Yeah I tried calling yesterday and gave up after 2 hours on hold. This is so frustrating.

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That's exactly why I ended up using the service. Time is critical with these garnishment cases and you can't afford to waste weeks trying to get through.

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Can you ask your employer to stop the garnishment? Or are they legally required to comply once they get the order?

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Employers are legally required to comply with valid garnishment orders. They can't just stop it without proper legal grounds or a court order.

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Yeah my HR department said their hands are tied. They have to follow the garnishment order unless Washington ESD tells them to stop.

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This is why I hate the unemployment system. They make mistakes constantly but regular people have to jump through hoops to fix their errors while losing money the whole time.

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Unfortunately true. The burden is always on the claimant to prove the agency wrong, even when they clearly messed up.

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It's so backwards. I'm the one being punished for their potential mistake.

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Document everything about your financial situation right now. Bank statements, pay stubs, rent receipts, utility bills. You'll need this evidence for your hardship claim.

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Should I also document how the garnishment is affecting me? Like can't afford groceries, might lose my apartment, etc?

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Absolutely. The more specific you can be about the hardship, the stronger your case becomes. Keep receipts and write down specific impacts.

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this whole thing sounds like a nightmare. how long do garnishments usually last?

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Until the debt is paid off, unless you successfully challenge it or set up an alternative payment arrangement. That's why it's important to act quickly.

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They say I owe $4,200 so at this rate it'll take forever to pay off. I need to find a way to stop this or at least reduce it.

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Make sure you understand exactly what the overpayment is for. Sometimes Washington ESD includes penalties and interest that can be waived if you show good cause for the original overpayment.

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I think part of it might be penalties because the total seems higher than what I remember receiving in benefits.

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That's worth investigating. Penalties can often be waived if you can show you weren't at fault for the overpayment.

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I keep seeing people struggle with Washington ESD phone lines. Seriously consider using claimyr.com to get through faster. Time is critical with garnishment cases and you can't afford to waste weeks playing phone tag.

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At this point I'm willing to try anything. The garnishment is killing me financially and I need to talk to someone who can actually help.

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That's exactly how I felt. Sometimes you have to invest a little to solve a bigger problem. The video demo I mentioned shows exactly how it works.

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What if the original overpayment determination was wrong? Can you challenge that even after garnishment starts?

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Yes, you can still challenge the underlying determination. If successful, it would stop the garnishment and potentially get you a refund of amounts already garnished.

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That would be amazing if I could get back what they've already taken. How do I prove their determination was wrong?

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The most important thing is to act immediately. Every day you wait is another day of garnishment. File your hardship claim, request a hearing, and get legal help if needed. Don't let this drag on.

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You're right. I've been hoping it would just go away but it's only getting worse. Time to take action and fight this properly.

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Exactly. Washington ESD counts on people not fighting back. But you have rights and options - you just need to use them.

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Good luck with this mess. The system is designed to be confusing and intimidating but don't let them bully you into accepting an unfair garnishment.

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Thanks for the encouragement. I'm going to start making calls tomorrow and won't give up until I get this resolved.

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That's the spirit. Stay persistent and don't let them wear you down. You've got this!

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To summarize your options: 1) Request immediate hearing on the garnishment, 2) File financial hardship claim, 3) Challenge the original overpayment determination, 4) Seek legal aid assistance, 5) Propose voluntary payment plan. Start with the hardship claim since that can provide fastest relief.

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This is super helpful. I'm going to start with the hardship claim and see if I can get the garnishment stopped while I work on the other options.

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Smart approach. Document everything and keep copies of all correspondence. Good luck with your case.

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One last thing - if you do use Claimyr to get through to Washington ESD, make sure you have all your documentation ready before the call. Have your social security number, the garnishment order, and any correspondence about the overpayment. Being prepared will help you make the most of your time with the agent.

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Good advice. I'll gather all my paperwork first so I don't waste the opportunity when I finally get to talk to someone.

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Exactly. The agents can be really helpful once you actually reach them, but you want to be ready to present your case clearly and completely.

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