Legal Question in Civil Litigation in California
I was just notified that I had an overpayment of unemployment back in 2001 in California. I had never been informed of this. Am I responsible for this old debt?
Asked on 4/08/13, 4:26 pm
1 Answer from Attorneys
Charles Perry
Law Offices of Charles R. Perry
I hate to say this, but the law is unclear.
Unemployment Code Section 1376(a) says that in the absence of fraud, misrepresentation, or willful nondisclosure, the notice is supposed to go out within a year of the close of the year the benefits payment was made. The courts have not said that this is a statute of limitations, or what is to happen if the notice is late. You can argue that this section is a statute of limitations, and see what happens.
Answered on 4/09/13, 1:29 am
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