Unemployment Overpayment in New Jersey

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Latest post 04-05-2012 5:58 PM by adjuster jack. 5 replies.
  • 04-05-2012 4:27 PM

    • NJDB
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    • NJ
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    Unemployment Overpayment in New Jersey

    I just received a notification from the NJ Dept of Labor - Bureaur of Benefit Payment Control stating:

    As a result of an investigation of your unemployment insurance claim, evidence has been obtained that you may have been employed by the employer listed below at some time during the weeks listed below during which time you also received unemployment benefits. It lists dates from July 2011 trough mid September 2011 resulting in an overpayment of $4,764.00.

    It goes on to say, that "Accordingly, you may be subject to refund, disqualification, fines and/or prosecution pursutant to NJSA 43:21-5(g).

    It says the reported income was zero. I honestly do not remember if I claimed the wages or not as that was a very stressful time in my life but I thought that I had. Evidently I did not.

    What is the likelihood that I am able to simply repay this money without having to worry about a criminal prosecution. I did not intentionally defraud the State out of the money but I have no way of proving that. Also, what charges could I face. I have read that past cases have resulted in charges in the 3rd Degree of Theft By Deception but they were also cases in which the amounts were $25,000 & $41,000 respectively. Both of those cases resulted in 5 years probation & fines but those individulas were 41 & 53 years old. I am 41 but I also have a prior criminal conviction from 1999 for aggravated assault that I did 5 years incarceration for & then a contempt of court charge in 2008 that resulted in probation.

     

    Please help. I just got married last September & have multiple health issues in which I am on daily medications including duralgesic patches which are basically essential to an around the clock opiate to treat brain lesions.

    I have 10 days fromt he date on the letter to respond. The typed date was 3/27/12 but they crossed that off with pen & wrote in 4/2/12.

  • 04-05-2012 4:56 PM In reply to

    • cbg
      Consumer
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    Re: Unemployment Overpayment in New Jersey

    There is very little chance of prosecution IF you immediately contact them and make arrangments to resolve the issue. The state is not at all interested in prosecuting if they can get their money back any other way. They are only interested in prosecuting if the claimant does not cooperate.

  • 04-05-2012 5:15 PM In reply to

    Re: Unemployment Overpayment in New Jersey

    NJDB:
    What is the likelihood that I am able to simply repay this money without having to worry about a criminal prosecution.

    I tend to agree that there is likely no risk of prosecution.

    NJDB:
    I did not intentionally defraud the State

    You ought to know if you were working from July to September while you were collecting unemployment checks so, yeah, that makes it intentional.

    NJDB:

    I am 41 but I also have a prior criminal conviction from 1999 for aggravated assault that I did 5 years incarceration for & then a contempt of court charge in 2008 that resulted in probation.

     

    Please help. I just got married last September & have multiple health issues in which I am on daily medications including duralgesic patches which are basically essential to an around the clock opiate to treat brain lesions.

    I seriously doublt that any of that is going to have a bearing on whether you have to pay back the money.

    NJDB:

    I have 10 days fromt he date on the letter to respond. The typed date was 3/27/12 but they crossed that off with pen & wrote in 4/2/12.

    I suggest you call up the person who sent you the letter and see if you can get a payment plan.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-05-2012 5:20 PM In reply to

    • NJDB
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    Re: Unemployment Overpayment in New Jersey

    I am absolutely willing to repay any overpayment received. I've been trying to contact their office at some phone numbers listed online but there's been no answer. I believe their offices are closed tommorrow but I will be trying again anyway. I will also continue to contact them until I do reach someone.

    I am very conerned about the potential for prosecution obviously considering I have no evidence that I was not attempting to defraud the system. I know that there are many stories in which people claim that they weren't but I actually wasn't. I was in the midst of planning my wedding in September & getting everythign ready for that, working and getting everything going for my schooling as I am finishing my degrees finally so that I can provide a life for my new wife & I.

    I seriously want to get an agreement set up with them to repay and removethis black cloud from over my head to where I can move on with my life with my wife after completing my degree & honestly get out of New Jersey for good.

  • 04-05-2012 5:27 PM In reply to

    • NJDB
      Consumer
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    • Joined on 04-05-2012
    • NJ
    • Posts 3

    Re: Unemployment Overpayment in New Jersey

    The fact that I have medical issues, etc is not of consequence when it comes to repaying the money. I have no issue with having to repay it. I WANT to repay it.

    As for calling the person who sent me the letter.....that is not possible as there is not any particular person's name on it or a phone number. Just an address & fax number to send the form they wanted me to complete asking about if I worked for the employer listed, if it was full time work or not, the first date I worked, what the rate of pay was & if I was employed during the weeks shown or not.

    I just need assistance in being able to find a way to come to an agreement with them to repay without prosecution.

  • 04-05-2012 5:58 PM In reply to

    Re: Unemployment Overpayment in New Jersey

    NJDB:
    Just an address & fax number to send the form they wanted me to complete asking about if I worked for the employer listed, if it was full time work or not, the first date I worked, what the rate of pay was & if I was employed during the weeks shown or not.

    Well, fill it out and fax it back.

    If there is any mitigation then attach documentation.

    Your employer from that time must have reported your wages so it's likely that the amount you owe is accurate unless you have pay stubs or some sort of record that shows less work time.

    NJDB:

    I just need assistance in being able to find a way to come to an agreement with them to repay without prosecution.

    Instead of faxing the form, you might consider hand carrying it to the office listed on the letter and bring your checkbook. Making even a partial payment goes a long way toward proving your sincerity.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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