What happens if you don't pay back Washington ESD unemployment overpayment?
I got hit with a $2,800 overpayment notice from Washington ESD last month saying I didn't report some part-time work correctly from 2023. The thing is, I'm barely making ends meet right now and there's no way I can pay this back. What actually happens if you don't pay back unemployment overpayments? Will they garnish my wages or take my tax refund? I've been too scared to call them because I don't want to make things worse.
44 comments


Nolan Carter
They definitely will take action if you ignore it. Washington ESD can garnish your wages, intercept your state tax refunds, and even put a lien on your property. The debt doesn't just go away unfortunately.
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Daniel White
•That's what I was afraid of. How long do they usually give you before they start garnishing wages?
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Nolan Carter
•Usually they'll send a few more notices first, but once they start the collection process it moves pretty fast. You might have 30-60 days from the final notice.
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Natalia Stone
You should definitely call them and try to set up a payment plan. They're usually willing to work with you if you're proactive about it instead of just ignoring the debt.
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Daniel White
•I've tried calling but can never get through to anyone. The phone lines are always busy or I get disconnected after waiting an hour.
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Tasia Synder
•I had the same problem trying to reach Washington ESD about my overpayment. Found this service called Claimyr that actually got me through to an agent in like 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ and their site is claimyr.com. Ended up setting up a payment plan for $50/month which was way better than having my wages garnished.
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Daniel White
•Never heard of that but I'm desperate at this point. Did they charge you a lot for the service?
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Selena Bautista
Before you pay anything, make sure the overpayment is actually legitimate. You have appeal rights if you disagree with their determination. The appeal deadline is usually 30 days from the notice date.
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Daniel White
•The notice is dated from 3 weeks ago so I might still have time to appeal. How do I know if it's worth fighting?
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Selena Bautista
•Look at the specific weeks they're claiming overpayment for and check if you actually reported your earnings correctly. If you have documentation showing you reported everything properly, definitely appeal.
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Mohamed Anderson
•This is exactly why I keep all my old pay stubs and screenshots of my weekly claims. The system makes mistakes all the time.
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Ellie Perry
Whatever you do, DON'T ignore it. I made that mistake and they took my entire tax refund last year - $3,200 gone just like that. Wish I had known about payment plans back then.
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Daniel White
•Wow that's brutal. Did they at least give you any warning before taking your refund?
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Ellie Perry
•They sent one more notice after the original overpayment letter, but I was dealing with other stuff and forgot about it. Big mistake.
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Landon Morgan
•They can also take your state refund even if you move to another state. The debt follows you.
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Teresa Boyd
I work in HR and see this all the time. Once Washington ESD starts wage garnishment, they can take up to 25% of your disposable income. It's brutal if you're already struggling financially.
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Daniel White
•25%?! That would put me on the street. There has to be some kind of hardship exception right?
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Teresa Boyd
•There are some protections for very low income earners, but the thresholds are pretty low. That's why setting up a voluntary payment plan is so much better.
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Lourdes Fox
•The garnishment also shows up on your credit report in some cases. Another reason to be proactive.
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Bruno Simmons
Can they garnish unemployment benefits if you're collecting again? Asking for a friend...
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Nolan Carter
•Yes, they can offset future unemployment benefits to collect overpayments. They'll take a percentage of each weekly payment.
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Bruno Simmons
•That's messed up. So you can't even collect unemployment properly if you owe them money from before.
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Aileen Rodriguez
•The offset is usually 25% of your weekly benefit amount, so you'd still get something but not the full amount.
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Zane Gray
I successfully appealed my overpayment last year. Turned out Washington ESD had processed my employer's response incorrectly and I didn't actually owe anything. Definitely worth checking if you think there's an error.
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Daniel White
•How long did the appeal process take? I'm worried about them starting collection while I'm appealing.
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Zane Gray
•It took about 6 weeks total. They can't start collection actions while your appeal is pending, which is another good reason to file one if you have grounds.
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Maggie Martinez
•This is good to know. I thought once they made a determination it was final.
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Alejandro Castro
The interest and penalties can really add up too. They charge 1% per month on unpaid overpayments, so the longer you wait the more you'll owe.
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Daniel White
•Wait, they charge interest on top of the overpayment? That seems like kicking someone when they're down.
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Alejandro Castro
•Yep, it's considered a debt to the state so they treat it like any other loan. The interest stops accruing once you set up a payment plan though.
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Monique Byrd
•Another reason to deal with it sooner rather than later. The debt just keeps growing.
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Jackie Martinez
I had a friend who owed like $5K and just moved to Oregon thinking it would go away. Washington ESD found him and garnished his wages there too. You can't really escape it.
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Daniel White
•Damn, I wasn't planning to move but good to know they can follow you across state lines.
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Lia Quinn
•States have agreements to help each other collect debts. Moving doesn't solve anything.
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Haley Stokes
•Plus it probably shows up on your credit eventually which makes moving even harder.
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Asher Levin
OP, seriously just call them. I used that Claimyr service someone mentioned earlier and it was worth every penny to actually talk to a human being. Set up a $75/month payment plan and now I can sleep at night.
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Daniel White
•I'm definitely going to try that service. Better than having my wages garnished or losing my tax refund.
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Asher Levin
•Exactly. They were actually pretty reasonable once I explained my situation. Much better than the horror stories I was imagining.
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Serene Snow
•Same experience here. The anticipation was worse than actually dealing with it.
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Issac Nightingale
One thing to keep in mind is that if you do owe the money legitimately, paying it back voluntarily looks better than having to be forced through garnishment. Might help if you need unemployment again in the future.
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Daniel White
•Good point. I don't want to burn bridges in case I need benefits again someday.
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Romeo Barrett
•Plus the garnishment process probably costs them more money, so they'd rather work with you on a payment plan.
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Marina Hendrix
•Makes sense from their perspective too. Easier to get steady payments than fight for garnishments.
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Zainab Mahmoud
Daniel, I went through something similar last year with a $3,400 overpayment. The most important thing is to act fast - don't let fear paralyze you into inaction. I'd strongly recommend first checking if you have grounds for an appeal since you still have about a week left based on your timeline. Even if the appeal doesn't succeed, it buys you time and stops collection actions while it's pending. If you don't have grounds to appeal, definitely try that Claimyr service others mentioned to get through to set up a payment plan. I ended up with a $65/month plan that I could actually afford. The key is being proactive - they're much more willing to work with you if you contact them rather than them having to chase you down.
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