View Full Version : Restitution after supervised release


crelux
01-25-2007, 08:47 PM
Greetings everyone,

I know I posted earlier in a different thread about this and im sorry for cross posting but I thought it maybe warranted a new thread. Sorry for this being a bit lengthy! :)

I was sentenced on 03/06/2000 to 6 months of imprisonment(did my time in Oxford, WI) and 3 years of supervised release. I was also ordered to pay $8,054 in restitution. Fine was waived and payments of 50 dollars a month were set in a payment plan.

I was let off supervised release after being revocated 1 months before my time was up. I spent 4 more months in Oxford and then let out without any supervised release. Even though I still had a good chunk of restitution to pay.

So here I sit in the year 2007 after being off supervised release for years and still having restitution. Because of financial hardships I have gotten behind. I am currently about $500 behind. They sent me a financial statement form to fill out for only the second time in 7 years. I read the top and noticed it says "this form is voluntary and not required". I called up the FLU gal i've been dealing with because her letter to me said it was required and needed to be sent back to her office asap. She states to me to ignore the form and that her office did require it regardless of what the form says. She sent another letter saying they needed it in 5 days.

I have not been able to obtain all my tax records and information they requested. So now I have a card on my door from a US marshall with a note saying he has a subpeana for me. The FLU gal did say she could subpeana me to give a deposition on my finances if i didnt fill the form out.

Now - to back up a few years ago. They did garnish 25% of my pay for awhile. I could not afford this in any fashion and was forced to quit my job and receive a new one. Hoping if they garnished again I would this time go to court and fight the garnishment.

Either way - now I am sitting here with a subpeana coming to testify.

What can be done to get this money from me after all supervised release has been exhausted? Anyone have experience with this? I cant afford to have them garnish my wages...

Interesting enough I found this link: w w w.gao.gov/htext/d0580.html

GAO report number GAO-05-80
'Criminal Debt: Court-Ordered Restitution Amounts Far Exceed
Likely Collections for the Crime Victims in Selected Financial Fraud Cases' which was released on March 3, 2005

"There were minimal, if any, apparent negative consequences to the offenders for not paying restitution to their victims as initially ordered by the courts. First, information obtained from the courts and public documents indicated that the offenders were living in reasonable comfort. For example, one offender and his immediate family owned and, at the time of our review, resided in a property worth millions of dollars; another offender owns a home worth over $1 million; and two offenders took overseas trips while on supervised release. Second, after probation or supervised release has expired, the offenders cannot be sent to prison for failure to pay their restitution debts. According to Justice, although it does not apply to restitution, the willful failure to pay a fine is a crime of criminal default, which can result in the offender's receiving an additional fine of not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater; being imprisoned not more than 1 year; or both. However, there is no such similar crime for willful failure to pay restitution. A court may revoke or modify the terms and conditions of probation or supervised release for an offender's failure to pay restitution. However, these are of little consequence once the offender has successfully completed the term of probation or supervised release."

Greengirl6773
01-25-2007, 09:11 PM
I owe federal restitution as well and was let off paper early a few years ago. I was told that if I didn't continue to pay restitution, there could be a new charge.

Federal PO
01-26-2007, 06:26 PM
A restitution order has about a 20-year lifespan after you are done with supe5rvised release. The FLU can place a lein on pretty much any real property you owe, take you back to court, and seek a civil judgment against you. Then you will face having wages garnisheed. From my experience, if you play ball with them, and are hone4st, payment plans can be worked out. You started out with 8 grand, and I am assuming you paid while on supervised release, so you shouldn't have a ton of restitution, and you could probably work out something to pay that off in a year or two.

TxRhino
01-28-2007, 01:59 PM
crelux,

At this point you are likely correct that you will not face any jail time for failure to pay your outstanding debt since this country does not have "Debtor's Prison"; however, the Feds will have at their disposal the same tools as any other lein holder attempting to collect a debt and usually will persue collection much more aggressively. i.e.. garnishment and leins on personal property.

Now to the simple and sad facts as they may apply. Having a debt as small as yours is going to in many ways work against you. It is one thing to have a debt that may never be in reach of finality dismissed, but another thing completely when the debt is far less than the average person spends for a new car. A $50.00 a month payment is also a very small price to pay and accounts for less than 6% of the gross income of even a minimum wage worker. In the Fed World... this is a bargain basement payment were others are paying 10, 20, 30% and more.

I understand you do not like seeing your good money go for an unseen entity; but peace of mind and the ultimate dissolution of your entanglement with the Feds has got to carry some weight.

Please understand I am not here to judge you and only want to offer support and encouragement. But lets get real. Pay these guys off and move on. Be honest about your circumstances, cut back some place, enter a doable repayment plan, and get this Federal Monkey off your back for good.

Here is a link that may help... it outlines exactly how the Feds try and deal with post incarceration restitution and may offer you a little knowlege as what you may be facing and how they think.

http://www.afda.org/afda/news/outline_restitution.htm

Good Luck!

Keep the Faith

Michael :thumbsup:

crelux
02-05-2007, 01:53 PM
Thanks for the replies guys.

I know the 50.00 a month was a very small amount to pay. At the time of my sentencing and when I was ordered to pay this I was only 18 and did not have much going for me.

Now, I make a decent amount of money but am still paying off massive amounts of legal bills regarding my case and just can not afford to have 25% of my wages garnished.

I regret not paying the 50.00 a month that I was supposed to..but i know I cant go back and do it now. I am being subpoenaed to appear somewhere. I have not gotten it yet though..waiting for them to bring me it. Any idea what I am going to be required to do? Can I save myself from being garnished 25%?

I know its different in every case but I hate not knowing what to expect ;) Id be more than willing to set up another payment plan to stop having that much of my income garnished..

TxRhino
02-13-2007, 02:01 PM
You may want to show a good faith effort by resuming making payments (any amount). In ths way they cannot accuse you of simply "blowing off the debt".

Keep the Faith

Michael :thumbsup:

crelux
02-13-2007, 03:52 PM
I took your advice and sent in what I could. I am only half as much overdue now ;)

In another twist which may or may not be related to all this. Saturday I received a letter from the United states justice department from a legal secretary stating they were cleaning out their offices and found what appears to be computer equipment that belongs to me. They want me to give them a call to arrange for a time to pick them up with a deadline to do so. Mind you, this has been about 10 years ago that they originally took anything from me. No idea what it could be...interesting it comes at a time they seem to be trying to serve me a subpeana. This a dirty way to serve me in person?

No, I havent been avoiding the US Marshall that has been trying to serve me in fact i've left voicemails. Only reason I know hes been here is he left a business card stating so.

crelux
03-16-2007, 11:02 AM
Just an update:

On February 14th 2007 I was served paperwork in regards to the government trying to collect the $7,000 i still owe. It is paperwork to garnish 25%(75% is exempt it says) of my pay. The paperwork was served to my employer and to me. I have 20 days to file paperwork to request a hearing to tell them why I think the money they are taking is exempt from being taken. I simply can not afford to have them taker 25% of my checks every 2 weeks. Hopefully this hearing will help me negotiate a lower garnishment..