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  #1  
Old 10-24-2017, 10:51 AM
Carolinakid Carolinakid is offline
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Default Who to contact to dispute amount of money sent that's taken for restitution

Who do I contact to dispute the amount of restitution imposed? My wife is incarcerated and this FRP which I'm having to pay is beyond ridiculous. I have a family to take care of and this new set amount is going to cripple me to the point of losing what I have.
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Old 10-24-2017, 12:22 PM
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How is it that you owe your wife's restitution? Unless there is more involved, I would send them her address in prison and tell them to take it up with her.

To reduce or adjust the amount of restitution owed requires the involvement of the courts, and thus your own attorney unless you want to be played with (and lose) over procedural technicalities. My first questions would be "how is any of this my problem?"
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Old 10-24-2017, 01:23 PM
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The BOP takes it out of any commissary I send her. So if I send money for phone calls or video or even just for her to get something from commissary itself they will take it. The amount they want has increased a good 7 x the amount it was at first.
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Old 10-24-2017, 03:34 PM
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Yes the bop will take money from her commissary account for her restitution. The amount is based on the total money she has had available for the past 12 months, and updated annually which is why the amount changes. It is a voluntary (LOL) program, but anyone who doesn't "volunteer" is placed on long term commissary restriction. so if she wants to shop, then she will have to agree to the inmate financial responsibility program.
https://www.bop.gov/policy/progstat/5380_008.pdf

People were always complaining that the counselor's computer set the payments too high, but you can check hers using the program statement.
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Old 10-24-2017, 09:37 PM
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Send her less. They can only take a max of 25%. She will just have to deal with having less as well but your you and your family’s needs should come first.
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Old 11-07-2017, 12:29 PM
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Also keep up with what she owes. I paid mine the day I was sentenced and my counselor still took some from me I had to go all the way to a bp11 form to get my money back. Not only did he take over half of what I had in my books, I also did not owe anything to begin with. My case manager called the courts to make sure I had paid it, it still took three months to get it back. So make sure what she owes and has paid already, and that they only take 25 percent of what she has the account.
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Old 11-07-2017, 01:29 PM
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"They can only take a max of 25%"

This isn't totally correct; there are cases where 50% is the norm and occasionally even more than 50%.

Last edited by safran; 11-07-2017 at 02:18 PM..
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Old 11-07-2017, 03:22 PM
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File an inmate grievance, although they are mostly useless. In order to have access to the courts, you first have to let the bop fiddle with you for a couple of years before "you have exhausted your administrative remedies".

The IFRP amount is determined by the counselor's computer software. I posted a link to the bop program statement in post # 4 above so you can confirm that the amount being taken is the correct amount, and have a basis for appealing if it isn't. The policy is "voluntary" but carries strong punishments for anyone who chooses not to volunteer.
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Old 11-07-2017, 07:47 PM
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Quote:
Originally Posted by fbopnomore View Post
File an inmate grievance, although they are mostly useless. In order to have access to the courts, you first have to let the bop fiddle with you for a couple of years before "you have exhausted your administrative remedies".

The IFRP amount is determined by the counselor's computer software. I posted a link to the bop program statement in post # 4 above so you can confirm that the amount being taken is the correct amount, and have a basis for appealing if it isn't. The policy is "voluntary" but carries strong punishments for anyone who chooses not to volunteer.
My friend's restitution (as I'm trying to remember from his sentencing 2 years ago) was $7,500. The BOP has been taking out $25 every so often. I couldn't tell you the frequency of their withdrawals.
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Old 11-08-2017, 05:23 AM
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My IFRP payment started out at $25.00 a quarter (the minimum) and remained there for one year. Then it was based on the total amount of money I had available to spend during the preceding 12 months.
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Old 11-08-2017, 10:19 PM
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My IFRP payment started out at $25.00 a quarter (the minimum) and remained there for one year. Then it was based on the total amount of money I had available to spend during the preceding 12 months.
Do you remember what percentage, of the total you had available, was taken out? And how often it w as taken out?
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Old 11-09-2017, 03:52 AM
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I went from $25.00 every 3 months to $75.00 every month. I had around $400.00 a month available to spend on commissary & phones during the prior year. You can compute the amount the policy should extract from the IFRP Program statement and compare it to the counselor's computation.
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