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I fulfilled a garnishment & my employer reset it causing an overpayment. The money has been sent already. How do I get it back?

Santa Ana, CA |

State of California Tax Franchise garnished my wages for a 2005 tax owed. The total was $402.24. My employer started the garnishment. However during a new payroll program it somehow reset the garnishment after I fulfilled the total amount of $402.24. $147.86 has been overpaid & sent already to the state. My employer says I have to collect back from the State. I think I get it from my employer. How do I get the money back?

Attorney Answers 1


Generally, your employer has no choice but to comply with the state garnishment order, right or wrong. It is up to you to file a claim of overpayment with the state FTB. You should be able to find help and forms on the FTB website.

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I got the repayment from FTB by a check in the mail. I must say when calling FTB hotline numerous times I would get someone knowledgable one time and a newbie the next time.It was frustrating but avvo gave me good advice!