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  1. #1
    Join Date
    Jun 2010
    Posts
    19

    Default Don't Have to Repay Overpayment - Tax Refund Already Taken

    My question involves unemployment benefits for the state of: CA
    Basically, my friend won his appeal. Sort of. The decision said he fraudently collected benefits but that he doesn't have to repay the overpayment. Unfortunately, his tax refund was already taken by the time the decision was given. How does he get the refund back? Is it something that EDD will automatically do? Franchise Tax Board? Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Don't Have to Repay Overpayment - Tax Refund Already Taken

    He is free to ask the EDD for the money. If they won't return it, he can explore the possibility of hiring a lawyer and commencing a legal action against them to compel its return. I'm not in a position to tell you if or how the EDD will respond to an opinion I haven't read, or how it would be applied by a court if they won't cooperate.

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