View Full Version : Federal Probation Restitution


wcdaybyday
06-11-2004, 04:05 PM
I would love to hear from ex-cons that are dealing with restitution after release. I have the following questions.

1) I have read that they determine restitution on a number of factors including the ability for the convicted to pay, If so, what are your experiences with the amount established for payments.

2) What happens if you miss a payment?

3) I have a large debt of back taxes, will they weigh that when determining my payment schedule?

4) I have read that restitution has a 5 year statute of limitations, does that mean that payments can only last 5 years?

5) Will I be considered "on probation" as long as I have outstanding restitution payments?

I'm sure I have others, but these will get you started. Thanks in advance.

jft
06-12-2004, 07:31 PM
It is based on the ability to pay and they look for resources anywhere including immediate family members, although they cannot require those members to actually "pay" your restitution. The amount earned by the family unit CAN be used to calculate your payment.

If you miss a payment while on probabtion you can be returned to prison although from what I have read they would prefer to keep you working so you in fact CAN still make payments.

There is no 5 year statute of limitations on restitution. It is considered the same as a fine and cannot be declared bankruptcy on and is collectible by the federal litigation unit for 20 years and can be re-uped for another 20 if they so desire.

You will NOT be considered on probattion for as long as you have outstanding restitution payments, probation lasts only as long as the judge orders...if that is 3 years then it is done in 3 years as long as you follow the rules. After probation, they can't re-incarcerate you for not making payments, they just try to make your life a living hell as far as collection.

jft
06-12-2004, 07:33 PM
As far as your taxes go...see a good tax attorney, he may be able to file an "offer in compromise" knowing that you already owe restitution, on top of back taxes, this can sometimes be pennies on the dollar for what you have to pay in taxes.

It is based on the ability to pay and they look for resources anywhere including immediate family members, although they cannot require those members to actually "pay" your restitution. The amount earned by the family unit CAN be used to calculate your payment.

If you miss a payment while on probabtion you can be returned to prison although from what I have read they would prefer to keep you working so you in fact CAN still make payments.

There is no 5 year statute of limitations on restitution. It is considered the same as a fine and cannot be declared bankruptcy on and is collectible by the federal litigation unit for 20 years and can be re-uped for another 20 if they so desire.

You will NOT be considered on probattion for as long as you have outstanding restitution payments, probation lasts only as long as the judge orders...if that is 3 years then it is done in 3 years as long as you follow the rules. After probation, they can't re-incarcerate you for not making payments, they just try to make your life a living hell as far as collection.

jft
06-14-2004, 04:47 PM
http://www.ussc.gov/TRAINING/Llw1298.pdf

Here is a link that may answer some questions on restitution.