How do you avoid paying restitution after Federal Probation ends?

[pack777]

How do you avoid paying restitution after probation ends? How can they colloect? What happens?

[PTO-97580]

You dont. After probation ends restitution responsibility goes over to the FLU (Federal Litigation Unit) for 20 yrs with an additional 20 year period if needed

[Martha2]

So, the amount I am aying now will be re-avaluated when I am done with S?S next September?

[PTO-97580]

Originally Posted by Martha2

So, the amount I am aying now will be re-avaluated when I am done with S?S next September?

Thats my understanding of it

[lyndav]

Soooo...let's review the bidding...
the BOP evaluates while you are inside and sets an amount...
the Probation Office evaluates (each month?) while you are out and under supervision to set their amount...
and then the FLU evaluates after you are off probation to set another amount...and the FLU amount is re-assessed every year for 20 years for upward adjustment? Downward adjustment ever?
No wonder these organizations have a cast of thousands.
Constant review and re-assessment of each case to see if they can squeeze another $10 a month from folks...bureaucracy at its best.
What is the FLU recourse for people who don't pay the assessment?
Do they send them to jail?

[PTO-97580]

Originally Posted by lyndav

Soooo...let's review the bidding...
the BOP evaluates while you are inside and sets an amount...
the Probation Office evaluates (each month?) while you are out and under supervision to set their amount...
and then the FLU evaluates after you are off probation to set another amount...and the FLU amount is re-assessed every year for 20 years for upward adjustment? Downward adjustment ever?
No wonder these organizations have a cast of thousands.
Constant review and re-assessment of each case to see if they can squeeze another $10 a month from folks...bureaucracy at its best.
What is the FLU recourse for people who don't pay the assessment?
Do they send them to jail?

Liens and wage garnishment

[TxRhino]

It is my understanding the FLU (Federal Litigation Unit) has basically available to it the same options as any other creditor attempting to collect a debt with the exception of getting dibs on any Federal Income Tax Return you may have.

Keep the Faith

Michael

[jft]

First off

No they cannot throw you back in jail once probation ends, they can and will make your life a living hell trying to collect though. They can garnish wages up to 25 percent of your income (unless there are other garnishments in place already or if child support is being collected...child support always comes first.) They can and will lein property, but innocent spousal laws will apply to protect the spouse (vary by state).
If you can't pay, they are no different than any other creditor except they require re-evaluating your income on a regular basis. Unlike a normal judgement or lein that is good for 7-10 years, theirs are good for 20 and can re file for an additional 20 if they so choose. They can and will also take any income tax returns that you may have during the life of their judgement.

[Astarflyr]

They pretty much nailed it down here. They can't send you to jail, but they pretty much can treat you like any other debt collector..........

I've got a few ideas on it, but I have yet to see the case come by that would be the one to use to try to beat the system...

If they really keep an eye on you (or anyone) they would make their lives a living __ll for a long time to come.....

Mark H

[luvmyjack]

I never paid them a dime after probation! If you work for cash or get any assisstance they are screwed. they will put a lien on you but....oh well.
they cant get any money if you do not make it? you will not go to jail for it either . be broke and destitute.

[gulbee1]

Originally Posted by luvmyjack

I never paid them a dime after probation! If you work for cash or get any assisstance they are screwed. they will put a lien on you but....oh well.
they cant get any money if you do not make it? you will not go to jail for it either . be broke and destitute.

I'm going for sentencing in Sept, I got a part time job in Dunkin Donuts -to show the judge I'm not just sitting around.

I'm worried about the restitution - mostly likeli i'm getting time served & 3 yr supervisory release.

I wanted to know should I quit Dunkin Donuts go on welfare right now before I see the probahtion officer for my Psr ?

I can't pay restituition workin part time in DD..what do you think?

[Federal PO]

Originally Posted by gulbee1

I'm going for sentencing in Sept, I got a part time job in Dunkin Donuts -to show the judge I'm not just sitting around.

I'm worried about the restitution - mostly likeli i'm getting time served & 3 yr supervisory release.

I wanted to know should I quit Dunkin Donuts go on welfare right now before I see the probahtion officer for my Psr ?

I can't pay restituition workin part time in DD..what do you think?

I think a requirement of your supervision is going to be that you hold down a job.

I think if you have a job now, and quit it to go on welfare right before sentencing that it probably won't look great.

I think it will also be fairly obvious to any PO that has worked in the system for more than a week that you quit in order to duck your restitution.

I think that would be a pretty clear example of a willful refusal to work and to pay restitution, which would both be violations of your supervised release.

I think it would be really stupid to try that.

[Howard264]

Originally Posted by Astarflyr

They pretty much nailed it down here. They can't send you to jail, but they pretty much can treat you like any other debt collector..........

I've got a few ideas on it, but I have yet to see the case come by that would be the one to use to try to beat the system...

If they really keep an eye on you (or anyone) they would make their lives a living __ll for a long time to come.....

Mark H

Hi Mark,

I have a few ideas also, going to the very root of their authority (vs. prvacy of innocents, etc.). I no longer trust the internet to share ideas confidentially but I will try to keep all informed.

[Anniko]

does bankruptcy work in this case?

[luvmyjack]

Originally Posted by Anniko

does bankruptcy work in this case?

no the government stuff sticks like glue forever.
no way out.just have to be dirt poor.ha

[K-9 LOVER]

Originally Posted by Anniko

does bankruptcy work in this case?

NO. You cannot discharge fines or restitution in bankruptcy, they are specifically excluded from discharge.

[rustys]

What would happen if you could pay off the gov for tax's you owe on money you took? then Pay on the Money you took?
I guess just dream.

[rustys]

Not even if you payed the gov in full? They still want more?
I'M still dreming.

[rustys]

Sorry was having trouble with Key Board

[AbbysBPMom]

Can someone file bankruptcy against restitution after their probation is over? Also, can they garnish your SSDI Disability income for restitution payments?

[Zelda50]

From what I've been told, restitution cannot be part of a bankruptcy.

[fxdm70]

I've been off of SR for about 2 1/2 years. I maintained payments (10%) until I lost my job.

I just started working again and started paying.

They sent me a bunch of paperwork asking me to fill it out - stating if I dont fill it out they will make me go to court and do it with a magistrate.

I called - I explained that the form says its voluntary and I am following the court order by paying and I do not want to fill out paperwork as quite frankly its not any of their business.

My question is - can they legally force me to fill this out? It's titled Financial Statement of Individual Debtor.
AND it states... It is voluntary but if not furnished the US DOJ may seek disclosure through other means..

Anyone got any ideas ??

[persh]

Originally Posted by fxdm70

My question is - can they legally force me to fill this out? It's titled Financial Statement of Individual Debtor.
AND it states... It is voluntary but if not furnished the US DOJ may seek disclosure through other means..

Originally Posted by mburton000

Just a point here that needs to be made.. You can end up in jail for not paying restitution. That paperwork they ask you to fill out voluntarily, that is basically a debtor's exam. And when they tell you that if you don't voluntarily fill that out they will just ask you in front of the magistrate, that is an actual debtor's exam that you would be subpoenaed to. If you blew that off, you would be found in contempt of court and likely a warrant would be issued.

I actually refused to fill out the Financial Debtor paperwork (and FRCP Rule 26 discovery) sent by the FLU on legal grounds. They then sent my refusal to the District Judge who then ordered that I would be in contempt within a week and nothing happened. Theoretically, an order can be executed still today and a warrant issued... (not sure if these orders for contempt expire) I was in the middle of appealing my restitution on legal grounds. I would not advise to do what I did unless you like to litigate and don't mind going to jail if everything falls through...

[miracle11]

Cause yourself LESS headache and fill out the paperwork. If you are involved in the federal system, you already know that eventually they will get what they want..with or without your help.

So see the Magistrate judge and explain any extinuating circumstances.

OH, and BTW folks, FLU stands for Financial (NOT Federal ) Litigation Unit. It is through the US Attorney's office.

[fxdm70]

but all they can do is serve me and make me fill it out, right? I drive a semi truck and I am home 5 times a year - so the likely hood of them serving me is pretty unlikely - I will pay and continue to pay but I really dont feel like giving them info... As long as they cant do anything to me....