unemployment insurance made a mistake by giving me money that I wasn't entitled in the first place and I didn't know till recently they with held my state tax, I went to department of labor in my city, one of the workers look me up in their system and found out that I did not qualified for unemployment the first time which was in 2007 but they still send me checks, the same happened in 2008 and still then I was getting my unemployment checks.

This year I found out that I have to pay all the money back. Why should I have to pay it back when it was not my fault? It was their representative's negligence. Is there anyway I can get out of paying it back considering the error was not mine and I did not lie at any point in the process?

  • I’m voting to close this question because it's more of a legal question depends on various laws – Dheer Aug 5 at 14:16

Are you asking why you aren't entitled to money that someone gave you by mistake? I think the answer is obvious even if you don't like it. If you overpaid your taxes how would you feel if the Government said, "Sorry, finder's keepers. It isn't OUR mistake you can't do math"?

Your best course of action is to work with the agency to see if they will work out a payment plan so it isn't a big hit all at one time. They are likely to work with you since it was their mistaken advice that got you into the situation.

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They are right to ask for the money back because you were not entitled to that money.

However, you may have a defense called "laches". Basically, you can try to show that because of the government's unreasonable delay in asking for the money back, in the meantime you relied on the assumption that it was your money in good faith, and spent it, and now to have to come up with the money that you assumed you wouldn't need would cause great harm to you.

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