When you collect unemployment payments, you are required to accurately report your earnings and the date you have returned to you collected in error, you will be required to pay it back to the Unemployment Compensation Trust Fund. Payments can be made directly to Benefit Payment Control.
While some people believe they are entitled to these payments because they have paid into the unemployment fund, this is a misconception. The reality is that employers pay into the Unemployment Compensation Fund, not employees.
The state of Florida understands that these payments can be difficult to make, which is why they allow payment plans through the Agency of Workplace Innovation. Usually the monthly payment agreed upon will be around 10% of what is due each month, but the agency only expects you to pay what you can in times of hardship. They do require at least some amount of payment every month though. If you are still unemployed and collecting unemployment, the agency may deduct portions of overpayments from your normal benefit payments.
If you have unpaid unemployment overpayment, you may be considered to be defrauding the agency and could be charged with a third degree felony. If it is decided you were not committing fraud, your debt may be sent to a private collection agency who can file a lawsuit against you in civil court.
Once an overpayment lawsuit has been filed against you, it is important to hire a Jacksonville unemployment attorney to help you with your case. You will need to complete the "Acceptance of Service and Answer/Stipulation for Entry of Conditional Judgment" and mail it before the pretrial hearing date. If you fail to respond in a timely manner, a default judgment will be issued against you.
If you lose your lawsuit or agree to the stipulation agreement, you will be required to pay court fees to help the agency recoup their court fees. A Jacksonville unemployment compensation lawyer can greatly help you in this situation and allow you to reduce the amount you owe or fight the full-amount of the charges.
If you have any questions about overpayment or would like to schedule your free initial consultation with an experienced Jacksonville unemployment attorney, contact our law firm today to speak with an attorney who has an excellent representation for superior client representation and is a top Jacksonville unemployment compensation lawyer.