Can I rectify an overpayment made by mistake without owing it all back?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I rectify an overpayment made by mistake without owing it all back?

I’m in a lawsuit with former business partners and in reviewing the financials there is some money that I didn’t claim while on unemployment which I was on when I first started with the company. They are threatening to report me which would look like fraud. It wasn’t and just a mistake. I’ve been told that if I try and rectify it then EDD will just ask for all the money back instead of allowing me to pay back the amount of the mistake.

Asked on August 30, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you should do is retain a labor attorney concerng the EDD overpayment issue and let him or her rectify the overpayment directly on your behalf insulating you from any fall out. If in fact you made a mistake in failing to report some of the income, then it was a mistake and its return voluntarily before EDD has found out about any problem makes you look honest.

As to the threats that your former business partners are making tp report you to the EDD in Calfornia could very well be perceived as an extortive ruse to benefit themselves in the business dispute that you are in and is illegal.

My sentiment is that you should rectify the overpayment by EDD to you where it is reolved where you return the overpayment via the asisstance of a retained attorney.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption