You have served your time, and completed probation. I know this is a long way off for some but I am someone who thinks about life down the road. I will have a mountain of restitution to pay and after probation there will still be a mountain. Who keeps track of your finances then? I mean, what if you lose your job etc...? When I asked my attorney this very briefly he stated most people cannot pay back what they owe in a lifetime, so at the end of your probation they petition the judge or something and the debt is not collected on anymore. That is not a direct quote, but he mumbled something like that. I don't owe my money to an individual. I owe it to a government agency, and it is not the IRS. Is this true? Do they just forget about it down the road? I find that too hard to be true, but then again my life is all full of surprises! :)

In many cases, a restitution obligation can last 20 years or more. The answer in any particular case is very fact specific.

No they do not forget about it. When you are on Supervised release they will insist that you pay 10% of your gross income towards the debt and if you sdont and they feel you are able to, they can try to violate you. Be honest on your monthly statements, report all income and pay the minimum. After you are off S/R they no longer have that sword, but can convert the judgement to a civil judgment and begin to chase assets or garnish wages. That judgment will last 20 years but is also renewable. In other words, it is often difficult if not impossible to avoid paying back all or some of the judgement without doing a whole bunch of very illegal things. On that note, it simply is not worth it and your best off paying what you can.

In many cases, a restitution obligation can last 20 years or more. The answer in any particular case is very fact specific.

There is no rule or policy that dictates that Probation "insist that you pay 10% of your gross income towards the debt." Each case is different. Most Circuits have held that it is an impermissible delegation of authority for a Judge to have Probation set the terms of payment. The AO's office recommends that Judges order criminal restitution and/or fine obligations nto be paid at a certain rate per month. Their recommendation is that when no specific facts are available to suggest something to the contrary, that a percentage be used. That percentage is driven by what is allowed in garnishment proceedings under applicable state law. Some states are 10%, others are as high as 33%.

Not all orders are enforceable AFTER the suoervised release term expires. These situation are extremely case specific. No blanket advice can be given with respect to how long a particular obligation or order may be lawfully enforced.

In order to receive a violation of supervised release or probation on a non-payment allegation, there would have to be a finding (by the Judge) that you had the ability to pay and had wilfullyrefused to do so. Most of these cases turn on evidence of unreported income or assets.

So I gather from what you are saying is that it just depends on the case? Both my husband and I were appointed Federal Defenders and neither one of us pay anything for them. That was based on our meeting with the Probation Office. We have enough money to pay our bills and that is about it. Will this be factored in when it comes time to pay back restitution. That's all I want to know. I don't plan on not telling the truth about anything.

The primary document that drives what your monthly obligation might be is the Judgment and Commitment Order. If you have a specific question, please feel free to PM me.