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  1. #11
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Do I Need to Sue the State of Washington

    Even if he sued her, now after her death, and she has an estate, it is in unemployment law that a person is responsible for their own identity and any claims filed using their identity. Perhaps he could've sued her to get the money back (and like others I don't see how he could possibly prove his case) but HE owes it to the unemployment system.

    Where this whole situation loses credibility is where the girlfriend had the complete information and identity documents of the claimant, and he failed to notice anything at all was going on when he received written communications from the office, which he did in the course of the claim, like the monetary determination at the beginning (perhaps they were together then and she hid these from him) but then he also received nothing from the state for income tax purposes, (perhaps she hid this one from him too) But then when he did receive the notices of possible fraud, he totally ignored all communications regarding this potential fraud.

    How many times do we see people on these boards who receive communication from the u.i. fraud unit, and are scared to death, thinking they are going to jail immediately. Those letters deliberately do not look or sound like scams that don't need to be checked on because the police haven't come yet.

    If one believed their identity had been compromised, it would be their responsibility to deal with it as soon as possible TO AVOID having to pay the charges incurred, debts run up, etc. If he'd done any reasonable amount of follow up, perhaps he could've caught the fraud and the girlfriend while she was still alive. This person just laid low until long after being contacted, investigated, all timely appeals over, fraud overpayment set up and the recouping was in process. He found it painful, and then he started blustering, which if he's been in law enforcement he should know, makes him and his situation much less credible than any other response with which he could possibly approach the situation.

  2. #12
    Join Date
    May 2018
    Location
    Olympia, WA
    Posts
    20

    Default Re: Do I Need to Sue the State of Washington

    Yea so turned out better than expected. I filed the appeal, explained the whole situation, went before a Judge and explained again with my witness. He asked why I didn't file a Police Report, I simply stated " Correct me if I'm wrong your Honor, But the SoL has Expired so what would be the point in wasting a Officers time filing for a report he can do nothing about?" He nodded kinda in a strange way agreeing. He ordered for the money to be returned from Employment security and criticized them on why they would send money to a Bank that did not have my name. He further criticized them on why did they keep making payments when they had received notice that I was working. And I got a talking to about leaving my info laying around.

    So I get my money back, no more garnishments, but I do have to pay the court costs.

  3. #13
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Do I Need to Sue the State of Washington

    Quote Quoting Odinaf
    View Post
    So I get my money back, no more garnishments, but I do have to pay the court costs.
    I'm exceedingly proclaimant, but I want to caution you, the big problem I had with your story is the timing. I truly believe that too much time went by to have a valid appeal, and that it should never have been heard by the judge that undid everything to your benefit. You just might find that the UI people appeal again, and might very well get your decision reversed.

    Read it very carefully and try to figure out of there is still the ability to take the decision to another level.

  4. #14
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Do I Need to Sue the State of Washington

    I do not find this story believable. If it did happen, by the way( in what court?) you can bet that you will hear from the unemployment insurance agency again, because somewhere out there in some court in our land is a complete idiot of a judge who gave you a judgment against an entity of state government who does not understand anything about how the system IS LEGALLY SUPPOSED to operate. That business about their being wrong about putting it in a bank account that did not have your name on it is UTTER baloney. They are going to give you back fraudulently paid money that they collected against your account. Okay. And they were sued by you, very quickly I may comment, but the agency wasn't there to represent itself?

  5. #15
    Join Date
    May 2018
    Location
    Olympia, WA
    Posts
    20

    Default Re: Do I Need to Sue the State of Washington

    Well I did not sue them. I used there own in house procedure. Which apparently is Agency Law, Which to be honest I don't understand because from what it seems like, they can make, judge and enforce there own laws. But there was a Late Appeal Process, you write your statement, fax it into there number. a bit of time goes by and they call to get info, they then schedule you to speak to a Judge, which wasn't threw the regular court house. They have there own Judge (commissioner). You have to go down to the ESD Office in Olympia, or you have the option for filing hearing by mail.

    And yes, they are suppose to be giving me money they took from me because it should have raised a red flag. They did not call, or ask any questions or attempt to validate the information, even tho they admitted the Dept. had Knowledge that I was working and yet they paid out the money anyway to a account that I was not named on regardless. They were not suppose to be paying out if they knew I was working. Also had to go threw court of appeals.

    This would have been a hell of a lot easier if the WA BAR was willing to direct me to a lawyer. As far as I could find, no Attorney would practice in this area.

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