Lost my ESD overpayment appeal - repayment timeframe and penalty questions?
Just got the bad news today that I lost my appeal with ESD for an overpayment. They're saying I need to repay about $7,800 because I apparently didn't report some freelance income correctly during my claim period (I honestly thought I was reporting everything right!). The thing is, I'm currently only working part-time and barely making ends meet after being laid off from my manufacturing job in January. I absolutely don't have almost $8k sitting around. Does anyone know how long ESD gives you to repay an overpayment? Will they work with me on a payment plan? And do they charge interest or penalties if I can't pay it all back right away? I'm really stressed about this. Thanks for any help.
18 comments
Lucas Adams
Sorry to hear about your appeal. Yes, ESD does offer payment plans for overpayments. You should contact them ASAP to set one up - don't ignore it as that can lead to additional collection actions. They can set up monthly payments based on your financial situation. There's no interest charged on ESD overpayments as long as you're making payments according to your plan, but they can add a 1% per month penalty if you don't respond or make arrangements. They can also potentially garnish wages or intercept tax refunds if you don't address it. The good news is they're usually pretty reasonable about payment plans.
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Chloe Green
•Thank you so much for this info. That's somewhat of a relief. Do you know how I go about setting up a payment plan? Is there a specific form or do I need to call them directly? I'm going to try to get this sorted out this week.
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Harper Hill
this happened to me last yr they initially said i owed 12k!! u can definitely do a payment plan i ended up paying like $120 a month but the annoying thing was i had to call them everytime i wanted to make a payment, couldn't just set up autopay with a card. not sure if its changed. good luck, it sucks but ull get thru it!
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Chloe Green
•Thanks for sharing your experience! $120/month sounds doable for me. That's weird about having to call each time though... I hope they've updated their system since then. How long did it take you to pay off your balance?
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Caden Nguyen
I had an overpayment situation in 2024 and found that if you contact them directly they will work with you on a payment plan based on your current income. DON'T IGNORE IT though - that's when they start collection procedures and can even take your tax refunds. They gave me 24 months to pay off my balance with no interest, but I had to provide information about my current financial situation. Call the overpayment recovery unit directly at the number on your notice. Be prepared for a LONG wait time though - I was on hold for over 3 hours!
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Avery Flores
•3 HOURS ON HOLD!!!?? That is absolutely ridiculous! The ESD phone system is a complete joke. They should be embarrassed to run a government agency this way. People have jobs and lives - who can sit on hold for 3+ hours??
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Zoe Gonzalez
When I had to deal with an ESD overpayment last year, I used Claimyr to reach an agent without the ridiculous wait time. I watched their demo video (https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3) and signed up on claimyr.com. They got me connected to an ESD agent in about 20 minutes instead of spending my entire day on hold. The agent set up a payment plan based on my income - I'm paying $150/month for 18 months with no interest. Just make sure you have all your financial info ready when you call so they can set up an appropriate plan. They'll ask about your income, expenses, and ability to pay.
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Chloe Green
•Thank you for the suggestion! I hadn't heard of Claimyr before but if it saves me hours on hold it might be worth checking out. I'll definitely need to gather my financial information before calling. Did they require any documentation for your payment plan or just took your word for your financial situation?
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Ashley Adams
the esd website says they can garnish wages up to 25% and take ur tax refund if u dont pay. and they can charge 1% month interest after 30 days from the notification date. better call them quick and get a plan setup!!!!
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Lucas Adams
•This is partially correct, but they won't immediately start garnishing wages. They'll first try to set up a payment plan. The 1% per month is a penalty that applies if you don't respond to the overpayment notice or don't make arrangements. As long as you're proactive and set up a payment plan, you can avoid most of these consequences.
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Alexis Robinson
Some important things to know about ESD overpayments: 1. You have 30 days from the date on your notice to either pay in full or set up a payment plan 2. Payment plans are typically set up for 12-24 months, but can be longer for larger amounts 3. They will consider your financial situation when setting up the plan 4. You can make payments online through your eServices account once the plan is established 5. You may qualify for a waiver if the overpayment wasn't your fault and repayment would cause financial hardship 6. Even if you lost your appeal, you may still qualify for a waiver of some portion Contact the ESD Collections Unit at 888-444-8911 to discuss your options. Be prepared to wait on hold, but they're generally helpful once you get through.
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Chloe Green
•This is super helpful information - thank you! I didn't realize I might still qualify for a waiver even after losing the appeal. The overpayment was genuinely a misunderstanding of reporting requirements, not intentional. I'll definitely ask about this when I call. And it's good to know I can make payments online once the plan is set up.
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Avery Flores
I think this whole system is DESIGNED to be confusing! They make the reporting requirements so complicated that ANYONE can make a mistake, then they come after you for money years later. The appeal process is a JOKE - they almost always side with ESD. My friend got hit with a $15,000 overpayment for honest mistakes and had to declare bankruptcy. It's CRIMINAL how they treat people who are just trying to survive!
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Alexis Robinson
•While the system can certainly be confusing, bankruptcy is rarely necessary for ESD overpayments. They do offer reasonable payment plans and sometimes partial waivers. If your friend had to declare bankruptcy, there were likely other financial factors involved. It's important for claimants to know that there are options for managing overpayments, even substantial ones.
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Harper Hill
make sure u look at ur overpayment notice carefully to see if its a fraud overpayment or non-fraud overpayment. the non-fraud ones r easier to handle n sometimes they waive part of it if u can prove financial hardship. but if they labeled it as fraud u have less options
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Chloe Green
•Thanks for pointing this out. My notice says it's a non-fraud overpayment, so that's at least some good news. They acknowledged it was just a reporting error and not intentional. I'm going to look into the hardship waiver option.
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Lucas Adams
One more thing to consider: if you're still struggling financially, you might qualify for a hardship waiver for part or all of the overpayment. You'll need to complete the "Overpayment Waiver Application" form and provide documentation of your financial situation. This is separate from your appeal, so you can still apply for this even though you lost the appeal. These aren't automatically granted, but it's worth trying if repayment would cause significant hardship.
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Harper Hill
•yea i tried this too! they only waived like 20% of mine but hey better than nothing right
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