Employment Development Department - Page 2

#11 04-21-2004, 11:40 AM

Nevada has no state taxes.

Their "due process" was apparently anything but, as they had a conclusion already in mind and ignored their responsibilities to provide certified verification after being noticed.

Like IRS and FTB, they think they are above the FDCPA.& Yes, I referenced the FDCPA.& The two verification letters I sent them were pretty darn powerful, so I guess that's why they took action so quickly. I don't think I will be able to collect any FDCPA damages in the void judgment.& From my understanding&so far of void judgments,&the court doesn't have subject matter jurisidiction, (the facts of the case) so it should be fairly&easy to get rid of, if the court isn't corrupt.&

I'll&go read the LLC&thread about the SSN.

Thanks, Rushpat!

&

Jerseee · #12 04-21-2004, 11:59 AM

Here's another idea Tora,

I can't remember the statute or code reference off hand but income is private property.& Hopefully someone will post the case or code that states this.

&

#13 04-21-2004, 01:02 PM

<PRE>According to the Unemployement Insurance Code, they don't have </PRE><PRE>to verify the debt. I maybe stuck with this summary judgment. </PRE><PRE>1375. Any person who is overpaid any amount of benefits under this
part is liable for the amount overpaid unless any of the following is
applicable:</PRE><PRE> (a) (1) The overpayment was not due to fraud, misrepresentation or
willful nondisclosure on the part of the recipient, and (2) the
overpayment was received without fault on the part of the recipient,
and its recovery would be against equity and good conscience.
(b) The person who received the overpayment cooperates with the
department in an investigation that results in the assessment of a
penalty under Section 1144 or the prosecution or other action taken
to impose a penalty pursuant to Section 2121.
(c) The department determines that it is in the interest of
justice to waive all or part of the liability established under this
section because the overpayment was a direct result of inducement,
solicitation, or coercion on the part of the employer.

1378. The Appeals Board shall review an appeal from an overpayment
determination as provided in Sections 1336 and 1337 and determine
what amount, if any, shall be recovered.

1379. The director, subject to this article, may do any or all of
the following in the recovery of overpayments of unemployment
compensation benefits:</PRE><PRE> (a) File a civil action against the liable person for the recovery
of the amount of the overpayment within one year after any of the
following, or, in cases where the individual has been overpaid
benefits due to fraud, misrepresentation, or nondisclosure as
described in Section 1375.1, within three years of any of the
following:</PRE><PRE> (1) The mailing or personal service of the notice of overpayment
determination if the person affected does not file an appeal to an
administrative law judge.
</PRE><PRE> (2) The mailing of the decision of the administrative law judge if
the person affected does not initiate a further appeal to the
appeals board.</PRE><PRE> (3) The date of the decision of the appeals board.
(b) Initiate proceedings for a summary judgment against the liable
person. However, this subdivision applies only where the director
has found, pursuant to Section 1375, that the overpayment may not be
waived because it was due to fraud, misrepresentation, or willful
nondisclosure on the part of the recipient. The director may, not
later than three years after the overpayment became final, file with
the clerk of the proper court in the county from which the
overpayment of benefits was paid or in the county in which the
claimant resides, a certificate containing all of the following:
(1) The amount due, including the assessment made under Section
1375.1, plus interest from the date that the initial determination of
overpayment was made pursuant to Section 1376.
</PRE><PRE> (2) A statement that the director has complied with all the
provisions of this article prior to the filing of the certificate.</PRE><PRE> (3) A request that judgment be entered against the liable person
in the amount set forth in the certificate.
The clerk, immediately upon the filing of the certificate, shall
enter a judgment for the State of California against the liable
person in the amount set forth in the certificate.
For the purposes of this subdivision only, an overpayment is final
and due and payable after any of the following:
(A) The liable person has not filed an appeal pursuant to Section
1377.
(B) The liable person has filed an appeal to the administrative
law judge and a decision of an administrative law judge has become
final.
(C) The liable person has filed an appeal to the appeals board and
the decision of the appeals board has become final because the
liable person has not sought judicial review within the six-month
period provided by Section 410.
(c) Reduce or vacate a summary judgment by filing a certificate to
that effect with the clerk of the proper court.
(d) Offset the amount of the overpayment received by the liable
person against any amount of benefits to which he or she may become
entitled under this division within six years of the date of the
mailing or personal service of the notice of overpayment
determination.</PRE><PRE>&</PRE><PRE>Government really knows how to box you in, don't they?</PRE><PRE>

1381. The director shall enforce collection of any judgment
obtained by the director under subdivision (a) or (b) of Section
1379. Amounts collected under this section shall be deposited in the
fund from which the overpayment was made, except that the amounts
collected to offset the costs of collections shall be deposited in
the Unemployment Administration Fund and the amounts collected
pursuant to Section 1375.1 shall be deposited in the Benefit Audit
Fund.

</PRE>

#14 04-21-2004, 01:56 PM

Rushpat, Georgia has to have an agency like EDD.& Employers&report employee wages and send unemployment&benefit money&to the state every three months.& You will find an Employment Development department in every state.& They also take care of workman's&comp benefits and disability insurance benefits.

If you have state taxes, you have an Georgia EDD somewhere.

Jerseee · #15 04-21-2004, 03:26 PM

Tora,

I don't know why I didn't say this before but, why not give them your remedy for the total amount due?

#16 04-21-2004, 05:35 PM

Jerseee, I did&send them an "assignment of interest" from my indemnity bond,&but they called me and told me it wasn't valid.&They left that message on my answering machine. They don't understand it, so that's why I changed methods.& But you're right, thanks, I'll follow up with my notice and default them.& But I still have to figure out how to get rid of that judgment.& I wouldn't&know how to petition the court.& I probably should write&Howard Griswold about that.

Thanks, Jerseee, for reminding me about that!

&

#17 04-21-2004, 09:01 PM

Wait....

You were receiving unemployment compensation for an employer for who you did/were/had worked, right? And being laid-off, lack of work, whatever, you began receiving unemployment from THIS employer, right?

THEN....

While "off work" and receiving compensation from employer #1, you worked for someone else, "off the books."

You were honest in admitting you worked THAT one week in question.

THAT means only that you would NOT received unemployment compensation from employer #1 for THAT week.& The agency verified this with employer #1.

So are you saying they are demanding you repay ALL the compensation received from employer #1?

If so, well, bull-****!

Yes, I've tangled with these people. They beat me real good. But your situtation is a real no-brainer. What damned law do y'all have that lets them demand repayment for ALL compensation based upon ONE WEEK of "ineligibility"?

Hell, I drive an 18-wheeler, bulk-cement, very seasonal. From about mid-March to just about this time of year, it's not at all unusual to work a day or two, be off a week or longer. Now, if I'm called to work and don't show up ('cause I just don't want, for example), I can be reported as "unavailable" and will get nothing for THAT week.

So, again, unless things are vastly different "over yonder," someone's really trying to do a number on you.

Randy

#18 04-21-2004, 09:08 PM

[quote= Tora] <PRE>1375. Any person who is overpaid any amount of benefits under this
part is liable for the amount overpaid unless any of the following is
applicable:</PRE><PRE>Write 'em a check for that week and be done with it. Or have I missed something?
And that's possible, you know.

Randy</PRE><PRE>&</PRE>

#19 04-21-2004, 10:29 PM

&

I made the mistake of telling employer #1 that I was working that week&for someone else.& I wasn't supposed to collect unemployment from employer #1, but I did anyway.EDD wants the money back that they paid me for that week, even though no earnings were reported. When you are on unemployment they watch you like a hawk.&

Without interest and penalty I would have had to pay back $420.& With interest and penalty I owed $588.With the&summary judgement I now owe $786!! The interest, the penality, is money down the toilet.& Many hours of labor that are wasted.&

I wrote Howard Griswold and asked him for a sample petition to get rid of that judgment.& He has had many successes in court using his UCC-1/Security Agreement.& The only bad thing about Griswold is that he takes his sweet time getting back to you.& 6 to 8 weeks is too long!

&

Jerseee · #20 04-21-2004, 11:12 PM

Tora,

This is not advice, this is what I would do and what I am doing to this very day. I would
Make a copy of that letter stating that you owe $786.00

Make a promissory note for that amount using HJR 192 as the authority and do a cover letter to EDD basically saying this....

Please verify the debt according to the code and I have enclosed a "good faith" payment to satisfy this alleged debt. In the event that they do not verify the debt---please return my payment.

Now 2 or 3 things are going to happen:

1. They keep the payment
2. They send back the payment and say that this is not sufficient payment
3. They keep the payment and still refuse to accept it and demand payment in another form

Either way, you got them. If they do #1, the debt is satisfied. IF they do #2, or #3--your really got them now.

If they do #2 or 3, you make a copies of their refusal letter. Then you draft another letter remitting another payment for the amount allegedly owed. You make a copy of that letter. But in your second letter, you courtesy copy: the judge that signed the order, the IRS, the governor, the Secretary of state (your state), a congressman, the ACLU, the better business bureau, dateline, the newspaper, the FBI, all 3 CRAs, Ralph Nader; you get the idea.

Then send a copy of your first letter, their refusal letter and you second letter to all disinterested 3rd parties that would like to see that EDD is refusing payments and keeping payments that were already made. They are also not accounting for the payments being kept and they're record keeping is questionable. Do not send out copies of the CPN. Just refer to it in your letter as payment not CPN. Also get a notary to witness your signature and make sure that the notary's jurat is on the CPN. Your signature on your exemption has been witnessed by a public official.

Do you see the power of acceptance and the power of the court of public opinion?

what do you think?