Washington ESD overpayment taken from federal tax refund - is this legal?

I think I got some letters but I thought they were just regular payment reminders. I didn't realize they could actually take my tax refund!

Those letters likely included information about the tax offset. Always read Washington ESD correspondence carefully - they contain important deadlines and rights information.

That's exactly what I'm worried about! Were you able to do anything about it or just had to accept it?

nothing you can really do once they submit it to treasury offset program. should have called them earlier to work out payment plan

Thanks, I'll check that out. I really need to talk to someone about setting up a proper payment plan.

How much does that service cost? Seems like we shouldn't have to pay extra just to reach Washington ESD.

I get the frustration but honestly it was worth it to actually speak with someone instead of wasting days trying to get through. They explain the cost upfront.

So there's no way to stop this once it's started? Even if I can prove hardship?

There are hardship provisions but they have strict criteria and deadlines. You needed to respond to the advance notice within the timeframe specified, usually 65 days.

I understand the frustration but the law requires advance notice and opportunity to respond. The system isn't perfect but there are protections in place if you act within the deadlines.

what good are deadlines if you cant reach anyone to discuss options? the whole system is broken

I definitely got letters but honestly didn't understand what they meant. Wish they were written in plain English instead of legal jargon.

That's a common complaint. The notices are legally required to contain specific language but aren't always user-friendly. When in doubt, call Washington ESD immediately.

Washington state doesn't have income tax so no state refund to intercept. But they can garnish wages and bank accounts through other collection methods.

oh right forgot we dont have state income tax lol. but wage garnishment sounds even worse than tax offset

How do you request a waiver? Is there a specific form or process?

You need to request an overpayment waiver in writing to Washington ESD. Explain why the overpayment wasn't your fault and provide financial documentation showing hardship. There's no guarantee but it's worth trying.

Good to hear it actually works. I'm definitely going to try it because I can't keep losing whole days trying to call.

wish i had known about that before they took my refund. could have saved me a lot of stress

If you have an approved payment plan and are current on payments, they typically won't pursue tax offset. But read your payment agreement carefully to understand the terms.

I should probably call and confirm my payment plan protects against offset. Thanks for the advice.

This doesn't apply to me but good to know. The system is so complicated with all these different rules and forms.

It really is complex. That's why it's crucial to understand your rights and options before the offset happens rather than after.

I agree the system could be more user-friendly. But the advance notice requirement does exist - it's just not always clear to recipients what it means.

thats the point though - if people cant understand the notices then its not really fair warning is it?

Once submitted for the current tax year, that offset will likely proceed. But you can still establish a payment plan to prevent future offsets and show good faith effort to resolve the debt.

Better late than never I guess. I'll try to get through to them this week.

Thanks for the follow-up! I'm convinced to try it. Regular calling just isn't working for me.

seems like we shouldnt need a third party service to reach our own unemployment office but whatever works i guess

I hadn't thought about it that way. Though losing a big refund all at once is still really hard financially.

true, but at least you know its coming once a year instead of being surprised by smaller amounts constantly

How long did the appeal process take? And did you need a lawyer or handle it yourself?

Took about 3 months total and I handled it myself. Key was keeping detailed records and being persistent with follow-up calls.

They can take the entire refund up to the amount of the debt. So if you owe $2000 and get a $5000 refund, they take $2000 and you get $3000.

ok that makes sense at least. thought they might take everything even if it was more than what you owe

Definitely address it now. Overpayments don't disappear and the collection methods only get more aggressive over time. A small payment plan now is much better than losing your refund later.

You're right. I'll call them this week and set something up. Thanks for the reality check.

Great advice. I wish I had kept better records from the beginning. Lesson learned for next time.

This is excellent advice. Documentation is crucial for any interaction with Washington ESD, especially regarding overpayments and appeals.

Same here! This thread taught me more than any of the official letters I received. Really appreciate everyone sharing their experiences.

Happy to help. Knowledge is power when dealing with government agencies. Good luck with resolving your overpayment situation!