Is there a statue of limitations on overpayment of unemployment?

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Is there a statue of limitations on overpayment of unemployment?

I am getting notices from NJ for overpaid unemployment from 1990. I had moved to CA and worked a temp job there that I did report at the time. For over 20 years I heard nothing and suddenly I am getting notices and threats from the state of NJ. Is there not a statute of limitations or do I have to spend the many hours it will take to fight this, especially since the CA company I worked for folded over 10 years ago.

Asked on July 19, 2011 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From the call of your question it seems that the issue of overpayment of unemployment benefits is a civil, not a criminal situation with you. In all States in this country, there are statutes limiting the time period for a person, public entity or governmental entity to bring a lawsuit against some person. The rationale is that witnesses die, move away, evidence is lost and memories fade.

Each State in this country has different time periods for statute of limitations to bring an action. I have never heard of any statute of limitations extending beyond 10 years after a cause of action has accrued. In all likelihood the time period to sue you for overpayment of he unemployment benefits in New Jersey has long passed.

Good luck.


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