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Paloma Clark

What happens if you don't pay back Washington ESD unemployment overpayment - need advice

Got hit with a $2,800 overpayment notice from Washington ESD last month and honestly I'm wondering what actually happens if I just... don't pay it back? I know that sounds bad but I'm barely scraping by as it is. The notice says I have to pay it back but doesn't really explain what enforcement they have. Has anyone been in this situation? What are the real consequences of ignoring an overpayment demand?

they will definitely go after you for it. washington esd doesn't just forget about overpayments

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How aggressive are they? Like will they garnish my paycheck immediately?

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not immediately but eventually yes. they start with letters and phone calls first

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Don't ignore it! Washington ESD has several ways to collect overpayments including tax refund intercepts, wage garnishment, and they can even put liens on property. Plus they'll add penalties and interest that make the debt grow over time.

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Seriously? They can garnish wages for this? I thought that was only for like child support and stuff.

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Yes, they absolutely can garnish wages. Washington ESD treats overpayments as debts owed to the state and they have pretty broad collection powers.

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Washington ESD has several collection methods they can use for unemployment overpayments. They can intercept your state tax refunds, garnish wages (up to 25% in most cases), and place liens on property. They'll also report the debt to credit agencies which will hurt your credit score. However, they typically give you opportunities to set up payment plans before taking these aggressive steps.

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A payment plan sounds better than having my wages garnished. Do they work with you on the amount?

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Yes, they'll often accept payment plans as low as $25-50 per month depending on your financial situation. You need to contact them proactively though.

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Good luck getting through to anyone at Washington ESD to set up a payment plan. I've been trying for weeks.

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i ignored mine for like 8 months and they took my entire tax refund last year, was supposed to get back $1,400 and got nothing

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Oh no! Did they at least apply the full refund amount to your overpayment balance?

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yeah but they also added interest so it barely made a dent

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I went through this exact situation last year with a $3,200 overpayment. After spending hours trying to reach Washington ESD by phone with no luck, I found this service called Claimyr (claimyr.com) that actually got me connected to an agent within a few days. They have a video demo at https://youtu.be/7DieNd3C7zQ that explains how it works. The agent was able to set up a payment plan for $75/month which was way better than having my wages garnished.

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That sounds too good to be true. How much does Claimyr cost?

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It was worth it for me since I couldn't get through on my own. The peace of mind knowing I had a payment plan set up was huge.

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Never heard of that service but anything is better than sitting on hold for hours

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IMPORTANT: You need to respond to the overpayment notice within 30 days if you want to appeal it. Even if you can't pay it back right now, you should still contact Washington ESD to discuss your options. Ignoring it will only make things worse. They have hardship provisions and can sometimes waive overpayments in certain circumstances.

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Wait, they can waive overpayments? What circumstances would qualify for that?

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Usually if the overpayment was due to agency error and you weren't at fault, or if paying it back would cause extreme financial hardship. You'd need to provide documentation of your financial situation.

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they never waive anything in my experience. washington esd wants their money back no matter what

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You need to contact Washington ESD immediately and set up a payment plan. I was in the same boat with a $3,200 overpayment and they let me pay $75/month. It's way better than dealing with garnishments and penalties. The problem is actually getting through to someone at ESD - I tried calling for weeks before I found Claimyr (claimyr.com). They got me connected to an agent the same day and I was able to arrange the payment plan. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Wait, they'll actually do payment plans? The notice made it sound like I had to pay the full amount right away.

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Yes, they'll work with you on payment plans if you contact them before they start collection actions. The key is getting through to actually talk to someone.

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How much does that Claimyr thing cost? Seems like it might be worth it if it actually gets you through.

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The worst part is they'll also put a hold on any future unemployment benefits until the overpayment is resolved. So if you lose your job again, you won't be able to collect UI until you've either paid it back or set up a payment arrangement.

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Seriously?? That seems so unfair if you're unemployed and need the benefits

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Yep, it's called an offset. They'll deduct money from your weekly benefits to pay back the overpayment.

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That's correct. Washington ESD will offset up to 100% of your weekly benefit amount to recover overpayments, though they're supposed to leave you enough for basic living expenses.

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I owe them $1,900 from 2023 and they already took my entire state tax refund this year. Didn't even give me a heads up, just gone when I went to check on it. Now they're threatening wage garnishment too.

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Did you try to set up a payment plan before they took your refund?

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I tried but could never get through to anyone who could help me. Their phone system is a joke.

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This is exactly why I used Claimyr. The regular phone system at Washington ESD is completely broken.

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they hit me with interest charges too on top of the overpayment amount. started at $800 and by the time i paid it off it was over $1000

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They charge interest?! How much?

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Washington ESD charges 1% per month on unpaid overpayment balances, which adds up quickly if you don't address it.

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yeah 1% per month sounds small but it really adds up over time

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The collection letters get pretty scary too. They make it sound like you're going to jail or something but it's really just a civil debt issue.

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So they can't actually arrest you for not paying it back?

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no its not criminal, just civil debt collection. but they can still make your life miserable with garnishments and credit hits

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If you're considering bankruptcy, unemployment overpayments are generally not dischargeable, so they'll survive even if you file Chapter 7 or Chapter 13. It's better to work with Washington ESD directly on a payment plan.

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great so even bankruptcy won't help. this system is rigged against regular people

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It's frustrating, but there are still options available if you communicate with them proactively.

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The worst part is they can also deny future unemployment claims if you have an outstanding overpayment. So even if you manage to avoid garnishment, you're screwed if you need benefits again.

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Are you serious? They can block future claims over this?

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Absolutely. They won't process new claims until overpayments are resolved or you're on an approved payment plan.

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dude just pay it, the stress isnt worth it and it just gets worse over time

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Easy to say when you're not the one who has to find almost $3000

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i get it but ignoring it makes it worse not better

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Also worth noting - if the overpayment was due to fraud (like not reporting work), the penalties are much harsher. But if it was just a mistake or miscommunication, they're usually more willing to work with you on repayment options.

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Mine wasn't fraud, it was because they said I didn't report some part-time work correctly even though I thought I did everything right.

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That's good - non-fraud overpayments have more flexible repayment options. Definitely try to get that payment plan set up.

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My cousin had this happen and they garnished 25% of his paycheck for like 8 months. Really hurt his family financially but he said once he started the payments they stopped calling and sending threatening letters.

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25% seems like a lot. Can they really take that much from your paycheck?

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Federal law allows garnishment of up to 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage, whichever is less.

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The interest rate on overpayments is ridiculous too. I think it's like 1% per month or something crazy like that. Every month you wait makes it more expensive.

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1% per month?! That's 12% annually just in interest?

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Yeah it adds up fast. Plus they can add collection fees and penalties on top of that.

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honestly the washington esd system is so messed up, half the time they create these overpayments because THEY screwed something up but we still have to pay

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Right? And then good luck getting through to anyone to actually explain what happened.

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This is why I always keep records of everything now. Screenshots, emails, everything.

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Just to follow up on the Claimyr thing - I ended up using them again when I had questions about my payment plan and it was totally worth it. Instead of spending hours trying to call ESD, I just used their service and was talking to an agent within minutes. Made the whole process so much less stressful.

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How does it actually work? Do they just call for you or what?

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They handle the whole calling process and get you connected directly to an ESD agent. Way better than sitting on hold for hours.

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whatever you do dont just hope it goes away because it wont, learned that the hard way

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Yeah I'm starting to realize that. Sounds like I need to bite the bullet and try to work something out with them.

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One more thing - if you think the overpayment determination was wrong, you can appeal it. You have to do that within 30 days of the notice date though. If you're past that deadline, your only option is working out payment terms.

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I think I'm past the appeal deadline. The notice is from over a month ago.

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Then definitely focus on getting that payment plan arranged. Don't let it go to collections.

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they can also report it to credit agencies which will mess up your credit score

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Of course they can. This just keeps getting worse.

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yeah its not just about the money, it affects everything else too

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whatever you do don't ignore it. i ignored mine for two years and it just got worse and worse. interest piled up and they eventually garnished my bank account

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They can garnish bank accounts too??

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yep they froze my checking account and took everything in it. had to borrow money from family to pay rent that month

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I used a different service to get through to Washington ESD when I had an overpayment issue. Took about a week but I was able to get it resolved. Sometimes you just need someone who knows how to navigate their phone system.

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Was it worth the cost? I'm still hesitant about paying for something like that.

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In my experience with Claimyr it was absolutely worth it. Saved me from wage garnishment and helped me get a reasonable payment plan.

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The key is to be proactive. Don't wait for them to start collection actions. Call them immediately when you get the notice and explain your financial situation. Most agents will work with you if you're upfront about your inability to pay the full amount.

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That's assuming you can actually get through to an agent. I've tried calling dozens of times.

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Try calling right when they open at 8 AM or during lunch hours. I've had better luck during those times.

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they also report unpaid overpayments to credit bureaus which tanked my credit score. took years to recover from that even after i finally paid it off

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How long does it stay on your credit report?

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up to 7 years like most other debts. really screwed me when i tried to buy a house

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You might also want to check if you qualify for an appeal. Sometimes the overpayment calculations are wrong or based on incomplete information. I successfully appealed mine and got it reduced by half.

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How do you file an appeal? Is there a specific form?

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You can appeal online through your SecureAccess Washington account or by mailing in the appeal form that should have come with your overpayment notice.

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The bottom line is Washington ESD has a lot of collection powers and they will use them. Your best bet is to contact them ASAP and work out a payment arrangement you can afford. Don't let this drag on because it only gets more expensive with interest and collection costs.

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Thanks everyone for the advice. Sounds like I need to stop procrastinating and deal with this head on.

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Good luck! If you can't get through on your own, definitely consider using a service like Claimyr to help you connect with an agent.

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I used Claimyr last week for a different issue and it worked great. Probably worth the cost just to avoid the headache of trying to get through to ESD on your own. Their phone system is impossible.

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Alright, I think I'm convinced. Need to stop putting this off and actually deal with it.

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Good call. The sooner you handle it the better off you'll be.

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Pro tip: when you do get through to ESD, have all your documentation ready. Payment history, work records, everything. They'll want to review the whole case before setting up a payment plan.

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Good point. I'll gather everything before I try to contact them.

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bottom line is ignoring government debt never works out well, they have too many ways to collect

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Yeah I'm learning that. Thanks everyone for the reality check.

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Final advice - once you get that payment plan set up, stick to it religiously. Missing payments can trigger immediate collection actions and they might not be willing to negotiate again.

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Understood. I really appreciate all the advice from everyone. Time to stop avoiding this and handle it properly.

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I went through something similar with a $2,100 overpayment from Washington ESD about 6 months ago. Initially I was terrified and considered ignoring it too, but after reading horror stories online about wage garnishments and credit damage, I decided to be proactive. The hardest part was actually getting through to speak with someone - their phone system is absolutely terrible. I probably called 50+ times over two weeks before finally connecting with an agent. Once I did get through, they were actually pretty reasonable about setting up a payment plan. I'm now paying $65/month which is manageable for my budget. The key is contacting them before they start collection actions - once that process begins, you have much less negotiating power. Don't make this harder on yourself by waiting.

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That's really helpful to hear from someone who actually went through it successfully. $65/month sounds way more manageable than having my wages garnished or losing my tax refund. Did you have to provide financial documentation to get that payment amount, or did they just work with what you told them you could afford?

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They asked for some basic financial info - monthly income, major expenses like rent and utilities, but nothing super detailed like bank statements or tax returns. I think they just wanted to make sure the payment amount I proposed was reasonable based on my situation. The agent was actually pretty understanding when I explained I was barely getting by. Definitely worth being honest about your financial constraints rather than agreeing to payments you can't actually make.

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I was in almost the exact same situation with Washington ESD last year - $2,400 overpayment that I initially thought about ignoring because I was broke. Big mistake to even consider it. They have serious collection powers and will absolutely use them. I ended up having my tax refund intercepted before I could get a payment plan set up, which really hurt since I was counting on that money. The interest they charge (1% per month) also adds up fast. My advice is to contact them immediately and be completely honest about your financial situation. Most agents will work with you on a reasonable payment plan if you're proactive about it. Just don't wait - every month you delay makes it more expensive and limits your options.

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That's exactly what I'm worried about - losing my tax refund when I'm already struggling financially. How long did it take from when you got the overpayment notice to when they intercepted your refund? I'm trying to figure out if I still have time to get ahead of this before they start taking collection actions.

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