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EI Overpayment

I have approximately 32k in EI overpayments accumulated from interest. If i file for bankruptcy, can the government still collect this debt after I am discharged? Furthermore, can the government garnish my wages during this period?

Posted from: Ontario

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One Response to “EI Overpayment”

A licensed trustee said...

Technically, EI over payments are dischargeable unless the government charges you with fraud or misrepresentation. Since the only way to be overpaid is to fail to disclose income from another source, misrepresentation is pretty easy to prove…

From a practical standpoint, the government often doesn’t bother proving fraud or misrepresentation – they simply will try and collect the debt after you have been discharged. Usually the seize tax refunds and other government cheques – for $32K they might try and garnishee wages. It will be up to the collector assigned to your file to decide whether or not to pursue you after your bankruptcy and if they do pursue, to decide how aggressively. Sorry – I realize this answer doesn’t help much.