Unemployment Overpayments and Penalties
Source: https://www.edd.ca.gov/en/unemployment/overpayments-and-penalties
Archived: 2026-04-23 17:35
Unemployment Overpayments and Penalties
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Unemployment Overpayments and Penalties
Mailing something to EDD?
USPS now postmarks mail when it’s processed, not when it’s dropped off. To avoid delays, mail early or use
myEDD
whenever possible. Submitting online is the fastest and most secure way to send documents to us.
A benefit overpayment is when you collect unemployment benefits you are not eligible to receive. The most common reasons for an overpayment are:
You incorrectly reported your wages when
certifying for benefits
and were overpaid benefits.
You collected benefits for a week that we later determined you were not eligible to receive.
Overpayments are classified as either fraud or non-fraud.
Fraud:
If we determine that you intentionally gave false information or withheld information, the overpayment is considered fraud. You will have to pay a 30 percent penalty in addition to the overpayment amount. You may also be disqualified for future benefits for up to 23 weeks.
Non-fraud:
If the overpayment was not your fault, it’s considered non-fraud. You will receive a notice telling you if the overpayment must be repaid.
How We Notify You
We will send you a
Notice of Overpayment
(DE 1444) or a
Notice of Potential Overpayment
(DE 1447) if we think you were overpaid.
Notice of Overpayment
If we determine you collected unemployment benefits you were not eligible to receive, we will send you a
Notice of Overpayment
(DE 1444). The
Notice of Overpayment
(DE 1444) will include:
The total amount due.
A summary for each week that you were overpaid.
Information on how to appeal.
Appeal Rights
You have the right to appeal an overpayment determination. You must submit your appeal in writing within 30 days of the mailing date on the
Notice of Overpayment
(DE 1444).
You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the appeal deadline. An Administrative Law Judge (ALJ) will review your reasons for missing the deadline. If the ALJ decides that you had good cause for missing the appeal deadline, the ALJ will continue to review your appeal. Follow the instructions in your
Notice of Overpayment
if you want to appeal.
For more information about appealing an overpayment, see
Unemployment Insurance Appeals
.
Notice of Potential Overpayment
We will send you a
Notice of Potential Overpayment
(DE 1447) when our records show that you may have been paid for benefits you were not eligible to receive. For example, we may have conflicting information about your wages or need additional information from you. You must respond to the
Notice of Potential Overpayment
within 15 days so we can make an accurate decision about your benefits.
Note:
If you didn’t receive an
Application for Overpayment Waiver
(DE 1446UI) with your
Notice of Potential Overpayment
(DE 1447), we determined that you aren’t eligible for a waiver. EDD staff determine this before a
Notice of Potential Overpayment
is issued.
Overpayment Waiver
If we determine the potential overpayment was not your fault and was not due to fraud, you may qualify for an overpayment waiver. We will send you an
Application for Overpayment Waiver
(DE 1446UI) with the
Notice of Potential Overpayment
(DE 1447).
You must complete and return the
Application for Overpayment Waiver
(DE 1446UI) to be considered for a waiver. We will review your information to determine if repaying the overpayment would cause you extraordinary hardship.
If you qualify for a waiver, we will send you a
Notice of Overpayment
with the amount that was waived.
If you do not qualify for a waiver, we will send you a
Notice of Overpayment
(DE 1444) or a
Notice of Denial of Waiver
(DE 1445) with a section that explains why you did not receive a waiver.
Waiver Determination
We review your gross family income and other financial information to determine if you qualify for a waiver. Gross income is your income before taxes and deductions.
We will review your income for the past six months. You will qualify for a waiver if your average monthly income was less than or equal to the amounts in the Family Income Level Table for that time period.
Family Income Level Table for July 1, 2025 through June 30, 2026
Number of People in Family
Gross Monthly
Income
1
$1,587
2
$2,459
3
$3,292
4
$3,967
5
$4,720
6
$5,474
For families of seven or more, add $754 for each additional person.
We prepare the Family Income Level Table each State Fiscal Year following the requirements in Title 22 of the California Code of Regulations, Section 1375.
For questions regarding an Overpayment Waiver, contact
Unemployment Customer Service
at 1-800-300-5616.
Repay Your Overpayment
We will mail you a
Benefit Overpayment Collection Notice
(DE 8344JUDR) 30 days after we mail a
Notice of Overpayment
(DE 1444) or
Notice of Denial of Benefits and Overpayment
(DE 1480), or when an appeal is denied.
You cannot repay your overpayment
online
until you receive a
Benefit Overpayment Collection Notice
(DE 8344JUDR) with your
Claimant ID
and
Letter ID
.
For more information, including your payment options, visit
Benefit Overpayment Services
.
If you do not repay your overpayment on time, the money can be deducted from future unemployment, disability, or Paid Family Leave benefits. Other actions we take include:
Withholding your federal and state income tax refunds.
Withholding your state lottery winnings.
Withholding other money the state owes you.
Filing a summary judgment against you in court, which involves additional court costs and interest
Recording a lien on your property.
Additional Information
If you have questions about your unemployment overpayment,
contact us
.
For questions about an overpayment for disability or Paid Family Leave (PFL) benefits, visit
Benefit Overpayments and Penalties
.
Helpful Links
Benefit Overpayments FAQs
Your Tax Refund or Lottery Money Was Sent to the EDD
How to Report Work and Wages
Legal References for Unemployment
Skip to Virtual Chat
Leaving the EDD Website
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Nguồn Hỗ Trợ Ngôn Ngữ (Vietnamese)
Skip to Main Content
Español
Unemployment Overpayments and Penalties
Mailing something to EDD?
USPS now postmarks mail when it’s processed, not when it’s dropped off. To avoid delays, mail early or use
myEDD
whenever possible. Submitting online is the fastest and most secure way to send documents to us.
A benefit overpayment is when you collect unemployment benefits you are not eligible to receive. The most common reasons for an overpayment are:
You incorrectly reported your wages when
certifying for benefits
and were overpaid benefits.
You collected benefits for a week that we later determined you were not eligible to receive.
Overpayments are classified as either fraud or non-fraud.
Fraud:
If we determine that you intentionally gave false information or withheld information, the overpayment is considered fraud. You will have to pay a 30 percent penalty in addition to the overpayment amount. You may also be disqualified for future benefits for up to 23 weeks.
Non-fraud:
If the overpayment was not your fault, it’s considered non-fraud. You will receive a notice telling you if the overpayment must be repaid.
How We Notify You
We will send you a
Notice of Overpayment
(DE 1444) or a
Notice of Potential Overpayment
(DE 1447) if we think you were overpaid.
Notice of Overpayment
If we determine you collected unemployment benefits you were not eligible to receive, we will send you a
Notice of Overpayment
(DE 1444). The
Notice of Overpayment
(DE 1444) will include:
The total amount due.
A summary for each week that you were overpaid.
Information on how to appeal.
Appeal Rights
You have the right to appeal an overpayment determination. You must submit your appeal in writing within 30 days of the mailing date on the
Notice of Overpayment
(DE 1444).
You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the appeal deadline. An Administrative Law Judge (ALJ) will review your reasons for missing the deadline. If the ALJ decides that you had good cause for missing the appeal deadline, the ALJ will continue to review your appeal. Follow the instructions in your
Notice of Overpayment
if you want to appeal.
For more information about appealing an overpayment, see
Unemployment Insurance Appeals
.
Notice of Potential Overpayment
We will send you a
Notice of Potential Overpayment
(DE 1447) when our records show that you may have been paid for benefits you were not eligible to receive. For example, we may have conflicting information about your wages or need additional information from you. You must respond to the
Notice of Potential Overpayment
within 15 days so we can make an accurate decision about your benefits.
Note:
If you didn’t receive an
Application for Overpayment Waiver
(DE 1446UI) with your
Notice of Potential Overpayment
(DE 1447), we determined that you aren’t eligible for a waiver. EDD staff determine this before a
Notice of Potential Overpayment
is issued.
Overpayment Waiver
If we determine the potential overpayment was not your fault and was not due to fraud, you may qualify for an overpayment waiver. We will send you an
Application for Overpayment Waiver
(DE 1446UI) with the
Notice of Potential Overpayment
(DE 1447).
You must complete and return the
Application for Overpayment Waiver
(DE 1446UI) to be considered for a waiver. We will review your information to determine if repaying the overpayment would cause you extraordinary hardship.
If you qualify for a waiver, we will send you a
Notice of Overpayment
with the amount that was waived.
If you do not qualify for a waiver, we will send you a
Notice of Overpayment
(DE 1444) or a
Notice of Denial of Waiver
(DE 1445) with a section that explains why you did not receive a waiver.
Waiver Determination
We review your gross family income and other financial information to determine if you qualify for a waiver. Gross income is your income before taxes and deductions.
We will review your income for the past six months. You will qualify for a waiver if your average monthly income was less than or equal to the amounts in the Family Income Level Table for that time period.
Family Income Level Table for July 1, 2025 through June 30, 2026
Number of People in Family
Gross Monthly
Income
1
$1,587
2
$2,459
3
$3,292
4
$3,967
5
$4,720
6
$5,474
For families of seven or more, add $754 for each additional person.
We prepare the Family Income Level Table each State Fiscal Year following the requirements in Title 22 of the California Code of Regulations, Section 1375.
For questions regarding an Overpayment Waiver, contact
Unemployment Customer Service
at 1-800-300-5616.
Repay Your Overpayment
We will mail you a
Benefit Overpayment Collection Notice
(DE 8344JUDR) 30 days after we mail a
Notice of Overpayment
(DE 1444) or
Notice of Denial of Benefits and Overpayment
(DE 1480), or when an appeal is denied.
You cannot repay your overpayment
online
until you receive a
Benefit Overpayment Collection Notice
(DE 8344JUDR) with your
Claimant ID
and
Letter ID
.
For more information, including your payment options, visit
Benefit Overpayment Services
.
If you do not repay your overpayment on time, the money can be deducted from future unemployment, disability, or Paid Family Leave benefits. Other actions we take include:
Withholding your federal and state income tax refunds.
Withholding your state lottery winnings.
Withholding other money the state owes you.
Filing a summary judgment against you in court, which involves additional court costs and interest
Recording a lien on your property.
Additional Information
If you have questions about your unemployment overpayment,
contact us
.
For questions about an overpayment for disability or Paid Family Leave (PFL) benefits, visit
Benefit Overpayments and Penalties
.
Helpful Links
Benefit Overpayments FAQs
Your Tax Refund or Lottery Money Was Sent to the EDD
How to Report Work and Wages
Legal References for Unemployment
Skip to Virtual Chat
Leaving the EDD Website
You are about to leave our website.
Leave Website
Language Resources
منابع اللغة (Arabic)
լեզվական ռեսուրսները (Armenian)
منابع زبان (Farsi)
भाषा संसाधन (Hindi)
言語ソース (Japanese)
언어 자료 (Korean)
ធនធានភាសា (Mon-Khmer [Cambodian])
ਭਾਸ਼ਾ ਸਰੋਤ (Punjabi)
Языковые ресурсы (Russian)
语言资源 (Simplified Chinese)
Recursos en otros idiomas (Spanish)
Mga Resource ng Wika (Tagalog)
แหล่งข้อมูลด้านภาษา (Thai)
語言資源 (Traditional Chinese)
Nguồn Hỗ Trợ Ngôn Ngữ (Vietnamese)