Legal Question in Bankruptcy in California

The EDD filed a wage garnishment against me , I want to know if filing for bankruptcy would make that go away?

Asked on 6/23/17, 3:49 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

This is more complicated than it might seem. If the EDD overpayment was not your fault or the result of your innocent mistake, then most likely it would be dischargeable. If you had put false information on the unemployment claim form or otherwise misrepresented certain information leading to the overpayment then it would not be dischargeable. Depending on your other financial circumstances and a further skilled legal analysis, you might consider negotiating with EDD to reduce the obligation short of filing for bankruptcy protection.

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Answered on 6/24/17, 10:05 am
Mark Markus Law Office of Mark J. Markus

EDD overpayments are usually dischargeable in bankruptcy as long as the reason for the overpayment wasn't fraud on your part.

You should schedule a consultation with an experienced bankruptcy attorney to go over your eligibility and options.

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Answered on 6/24/17, 11:07 am

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