[sguzman78]

My boyfriend lost his job long before I met him. He was on unemployment and when his job was reinstated he didn't tell say anything and continued to collect the money. Now they have sent him several letters for repayment and he has ignored them. He told me that they are going to send him to collections. He owes over 6000. He said he talked to a family lawyer and he said that if he pays any money that they will charge him criminally. That he should wait until they send him to collections and it is on his credit report and file bankruptcy. That way he could avoid jail and having to pay the money. I think if he calls and makes payment arrangements and makes his payments when agreed upon that they won't charge him. I really don't know because I live in Larimer county and he lives in Weld county and if there is a difference on how they handle cases like these. If anyone could shed some light on this it would be great to hear. Thank you!

[hkstroud]

Your boy friend needs new lawyer. You need a new boy friend. Try to find one with a brain.

[joypulv]

The counties don't matter. Unemployment is money from state taxes, with some federal funds when it gets extended.
I think something is getting misinterpreted along the way here. It's best to let him handle it with his lawyer. You claim that he claims that the lawyer claims that repaying is an admission of knowledge of fraud, as opposed to not realizing that what he was doing was wrong. I'm not so sure it's that simple. I'm also not so sure that declaring bankruptcy is going to get rid of this debt, and bankruptcy itself is at least $1,000 to file. He needs more legal advice. Even if it does get rid of this debt, it's not something he really wants to do if he can help it, because he will be very limited in all his financial dealings for several years. He doesn't just get a new start.

When the state gets a judgement against him, they can start attaching his pay and bank account, and add a lot in legal costs above what he actually took.

He needs a REAL talk with a lawyer, for a fee, not a quick free phone call.

I personally would go to the state and sit down with them, not admit to knowing what he was doing (crime), but asking to arrange to repay a fixed amount each month for as many years as they will allow - AND plead for no interest or penalties. Overall it could be cheaper than what he is about to go through.

[AK lawyer]

It's not dischargeable in bankruptcy anyway.

[hkstroud]

Joy's advice is the most reasonable and the most logical. You boyfriend's mess is of his own making and own stupidity. He was stupid for thinking he could collect unemployment compensation while gainfully employed. He was more stupid for thinking he could collect unemployment from the same employer he was actually working for.

That stupidity was compounded even further by ignoring the notices to repay what he defrauded the employer of.

What he is telling you is BS. People like him don't have family lawyers. Only people who are engaged in complex financial transaction and people engaged in illegal behavior have family lawyers. The rest of us can't afford them.

Now he has come up with another stupid scheme to avoid repaying what he owes. And it is stupid. How logical is it that the government is more likely pursue criminal charges is you repay what you owe than if you don't.

Now here is the real point of my post.
Get rid of him. The next thing he will be saying is "You got to pay this for me so I don't go to jail".
What kind of relationship could you ever have with a person like this. Show him the door now.

[joypulv]

Why didn't I think of getting rid of him?

Why didn't it occur to me that he might be lying to you? I think he is. I don't think any lawyer said any such thing. And I don't think states send such things as overpayment to collections. I know of someone who failed to report work when he was collecting SSDI, and SS just took a % of his future SS payments. In this case, I am pretty sure that amounts will be taken out of pay and out of his bank account, if he has one.

[smoothy]

I agree with everyone. Dump this loser now... or his financial burden WILL become YOUR financial burden. He's in deep trouble and its going to cost a LOT of money to pay his way out of. That is over and above all the legal fees he WILL be incurring.

[Fr_Chuck]

No, it will not just go to collections, if he does not pay, if he does not start paying, they will press criminal charges and he will go to jail. Happens all the time.

He needs to talk to a criminal attorney, not a family law attorney

This is tax evasion and fraud, large group of people in prison for that.

Taxes and criminal enterprise debts can not be discharged at bankruptcy.

I doubt he talked to a real lawyer, even a family law attorney should know all of this.

I think personally he is just lying to you, and does not want to start paying

[hkstroud]

Really think this is just a scam to defraud squzman78.
"Honey loan me a $1000 so I can go see this lawyer"
"Honey, I need another $1000 for the lawyer"
"Honey, if I don't come up with $5000 by day after tomorrow I'm going to jail"

[sguzman78]

I haven't given him any money and never will. I do think he is taking the easy way out and he will have to learn on his own. I also refuse to let him take me down too. Thank you for all your advice and thoughts.

[Victoria Z]

They will garnish wages from his new job