Q: Ca Judicial Council intercepted my CA state tax refund this year to satisfy a wage overpayment from my 2016 retirement.
I never received notice regarding an overpayment. They say they sent it but is was returned. I moved in 10/2017, mail was forwarded for 6 mos after that. What type of notice is required? Does this violate the 3 year statute of limitations under Gov Code s 19838?
A:
Under California law, proper notice is typically required before intercepting a tax refund for a debt such as a wage overpayment. The entity claiming the overpayment must make reasonable efforts to notify the debtor, often through mailed notices. If a notice is returned, further steps may be required to locate and inform the debtor. As for the statute of limitations, Government Code Section 19838 does impose a three-year limit on actions to recover overpayments to public employees.
However, the specifics of when this period begins can be complex and depend on various factors, including when the overpayment was discovered and whether it was concealed.
Given the complexities and the potential for exceptions, it would be prudent to review the specific details of your case to determine how the statute of limitations applies and whether the interception of your tax refund was appropriate under these circumstances.
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