Should I retain an attorney for my daughter to file an appeal with Department of Workforce services when they are trying to make her pay back assistance?

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Should I retain an attorney for my daughter to file an appeal with Department of Workforce services when they are trying to make her pay back assistance?

She received the money due to an “agency error” but she reported everything correctly.

Asked on September 6, 2012 under Bankruptcy Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not she should retain an attorney depends on how much money is at stake: for a few hundred dollars, for example, the cost of a lawyer would likely exceed the amount in dispute, so it would make more sense to appeal the matter herself, then pay if she does not succeed. For several thousand dollars, it would make sense to hire a lawyer.

Even if she reported everything correctly, if she was accidentally paid more than she was entitled to, she can be required to repay the money; an error does not entitle one to keep another person's or business's money.


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