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Ex-emoloyer not turning over garnishment Garnishment

Discussion in 'Other Debt, Collection, Garnishment' started by maromaz76, Mar 6, 2015.

  1. maromaz76

    maromaz76 Law Topic Starter New Member

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    My ex employer did not send over $3200 which was garnished from my checks. The garnishment was for EDD overpayment which incurred interest charges over the course of 5 years. I thought i was done and owed nothing. Come to realize my federal tax return was held and given to edd over payment my ex employer does not return my phone calls or emails what can I do? Is this illegal for an employer to do? This has cost my nearly 10,000.00.
     
    Last edited: Mar 6, 2015
  2. army judge

    army judge Super Moderator

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    You can start by taking your PROOF of the amounts withheld but NOT disbursed to EDD to EDD.
    EDD will investigate.
    You won't get the money withheld, EDD should get the money!!!
     
  3. maromaz76

    maromaz76 Law Topic Starter New Member

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    EDD will still get the disbursed even though I've already paid them off?
     
  4. army judge

    army judge Super Moderator

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    Yes, and when they discover they've been paid in full, they should return the funds to you.
    Your employer appears to have STOLEN or LOST the funds.
    Let EDD help you get paid.
    The employer won't listen to you, but he will listen to the state.
     
  5. maromaz76

    maromaz76 Law Topic Starter New Member

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    Thanks for your help, I didnt know where to begin. Let me ask you this. My federal tax money was withheld this tax season, over $8,000. Me thinking I was finished paying EDD overpayment back in 2012 (when this happened). Is my ex employer is responsible for this happening. Can I do anything about my federal tax return taken away from me?
     
  6. army judge

    army judge Super Moderator

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    You should inquire with someone at EDD.
    From what you say, your employer withheld the wage attachment, but failed to submit it to EDD.
    Now that could have occurred for many reasons.
    Maybe the funds got lost, maybe your employer stole the funds, or your employer has a sloppy payroll department.
    Your employer seems to be ignoring you, so your next best recourse is to contact EDD.
    Tell them you paid them in full, or whatever was done, when it was done, and how it was done.
    What you really need to do is get ALL of your proof.
    Call EDD and make an appointment to go in person and discuss your problem.
    Take your proof, and ask EDD gto investigate and refund all monies they are holding in excess of what you owed.
    Bear in mind, you think you owe $5,000.
    When EDD adds in fees, interests, costs, etc..., that $5,000 might be $8,000 after they calculate with their crooked pencils!!!

    This process won't be quick, but if you do it step by step, EDD will eventually understand what you're saying and what relief you want from them.

    For all you know, your employer may bever have taken oine dollar of the wage assignment, it needs a thorough forensic accounting done for you to know for sure.

    EDD can do that, and eventually you'll know what really happened, and how much you will receive back, assuming they were paid too much.
     
  7. maromaz76

    maromaz76 Law Topic Starter New Member

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    Great advice! Thanks. I have one last inquiry. Can I get my own investigation team? Can I hire a lawyer? Can I file a complaint on my ex employer? Is a lawyer that would take this on for me?
     
  8. Betty3

    Betty3 Super Moderator

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    If I were you, I would go the EDD route first. The EDD is also free.
     

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