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If wages are being garnished from unemployment overpayments what can be done??? My fiance, the soul provider of our family of 5, recently has begun to have his wages garnished for this reason and we cannot survive without his full pay check!!! To make matters worse, he supposedly owes the state of Minnesota for this overpayment 16000.00!!! Yep, 16 THOUSAND dollars!!! Like who in the heck can pay that back!!! I have heard that bankruptcy might not do anything at all because it is a debt owed to the state, does anyone know if that is true? Also I read on this forum that federal taxes can be taken for this sort of debt, I have never heard of federal taxes being taken in Minnesota for any kind of debt but, would love to hear the facts if anyone has them!!!!!! Thanks!!!!!




If wages are being garnished from unemployment overpayments what can be done??? My fiance, the soul provider of our family of 5, recently has begun to have his wages garnished for this reason and we cannot survive without his full pay check!!! To make matters worse, he supposedly owes the state of Minnesota for this overpayment 16000.00!!! Yep, 16 THOUSAND dollars!!! Like who in the heck can pay that back!!! I have heard that bankruptcy might not do anything at all because it is a debt owed to the state, does anyone know if that is true? Also I read on this forum that federal taxes can be taken for this sort of debt, I have never heard of federal taxes being taken in Minnesota for any kind of debt but, would love to hear the facts if anyone has them!!!!!! Thanks!!!!!

Sub: #1 posted on Fri, 01/31/2014 - 20:49

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how did they come up with 16,000.00,and is that amount accurate?if so then your only recourse maybe is to contact the dept of revenue and explain the situation.that is all i have.

Sub: #2 posted on Fri, 01/31/2014 - 21:36

paulmergel paulmergel
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We need more information here. Who is garnishing your financee: the IRS or Minnesota? And when Minnesota discovered the overpayment, did you get any sort of letter from them explaining the overpayment and giving you a chance to write back or call?
Most states have an Ombudsman's office working in their Revenue departments to deal with taxpayer hardship. I would suggest contacting the Minnesota Dept of Revenue's Ombudsman office if you can't work out a repayment. plan. BUT, you need to confirm that there really was a repayment.

Sub: #3 posted on Sat, 02/01/2014 - 21:12

kscornell kscornell
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Thanks for your response. This is the state of Minnesota unemoloyment agency (UIMN), who is collecting this money through a wage garnishment, sorry if I didn't make that clear. They gave him documentation before the garnishments started and he did make a call to their agency which, told him that the reason for him being fired from his job did turns out did not qualify him to recieve benefits, that they had already paid him almost 2 years ago!!!! He asked about a payment plan and they had told him that was not an option due to the fact they were already starting wage garnishment proceedings. He is wondering about filing bankruptcy but is not sure if that would help??? Even if he can not do a chapter 7 would chapter 13 be a good option??

Sub: #4 posted on Mon, 02/03/2014 - 22:43

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for one did you read the link soaplady posted?if not read it!secondly you have no recourse as tax,and gov't debt is not applicable in BK.again click the link and read it before going off on a respected member of this site.

Sub: #5 posted on Mon, 02/03/2014 - 23:23

paulmergel paulmergel
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For one, Yes, I did read over the link soaplady posted, which was not the reason for my hasty response, but which also did not answer the question I was asking. I know very well what overpayment of unemployment is and how the government can retrieve it. What I was asking was if anyone knew or had experience with possibly lowering wage garnishment payments by a bankruptcy or something to that affect. I can admitt that my original request for information might not have been as specific as it should have, but unless I mis-read the link we are speaking of, there was no information about options for a person struggling with wage garnishment on it. I did read a paragraph about minimal funds having no power over putting a stop to overpayment restitution, which is what I assume soap lady meant by there not being any provisions clause. I already had this information, which I did not specify in my original post and therefore, was more than happy to recieve this or any information, as that is why I was asking. What I did not appreciate was in the way it was given.......... "All it took was a easy google search to find this information" "by the way get a job!!!"..... Sorry, maybe I am too sensitve right now, or maybe I am sensitive to the situation because it is mine and it sucks!!! Basically, I appreciate the information, but could have done without the snarky attitude and the unwarranted advice.

Sub: #6 posted on Tue, 02/04/2014 - 00:09

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I would seriously go to the Ombudsman's office on this one. In my state, California, we have been told that the state is the only one to decide to pay unemployment--and being fired is not always an obstacle to getting it. With that being said, depending on the reason for his termination, if this was something that would have disqualified him, Minnesota should have refused him at the time he filed and not said oops at a later time. If you had been denied, you would have had appeal rights at the time and the way they did it, you don't have them. You could also reach o out to your state senate/house representative, since this is a state debt.

Sub: #7 posted on Tue, 02/04/2014 - 07:45

kscornell kscornell
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Ok, everybody step back and breathe. First off, unemployment DOES suck--and I know that based on personal experience. Drama will not help the situation. Water under the bridge. Now that's off our chests, how about registering? You only gain more by doing it.

Sub: #8 posted on Tue, 02/04/2014 - 07:58

kscornell kscornell
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(Posts: 4409 | Credits: 473.19)

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