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nestes · #1 03-05-2007, 06:19 PM

Has anyone delt with this statute? That the state of Missouri can seize your assets to reimburse the state for expenses incurred while your incarcerated.

I understand not profiting from your crime, but this is outrageous.

The attorney general has filed charges against a friend of mine, Jay Nixon filed charges in circuit court in Jefferson City, my friend was convicted in Buchanan County and is currently incarcerated at NECC, he has worked as a trucker for years, he has taken care of his family, he paid for his lawyer, his bond, his fines and is now doing his time. How does he get another lawyer in a different county that has never met him, with all of his assets frozen. Has anybody else delt with this, I understand that the law just went into effect Aug 2006, but any info would help. Thanks

Christy · #2 03-05-2007, 06:33 PM

I thought the law had been around for some time now. The state has always been able to take assets to pay for incarceration. If there is money, property or assets, the state will take them. My husband had a cellie once that was left some money from a relative and the state took it.

I'm not sure that your friend should bother with a lawyer. I don't think there is much an attorney or he can do about it. It's a law and if the assets are there, they will get them to pay for incarceration. It's unfair, I agree.

What assets are they trying to take? They won't take a house if his family is still living there and they won't take a pension/401k if the family is using it to live on.

nestes · #3 03-05-2007, 10:11 PM

Thanks Christy- His daughter is grown, He and his wife owns a rental home and some land. They have even frozen the money on his books. He cant buy a stamp or a package of cigerettes right now. I understand not being able to profit from a crime, His wife lives with her mother to save money, and now everything they have worked for 30 years is frozen. because of a mistake he made involving drugs. Who decides what inmates are to pay for there incarceration? Why isn't this brought up when plea agreements are made. I guess i'm going to have to get a law degree. Thanks for your help

Christy · #4 03-06-2007, 06:53 AM

I believe the DOC/Attorney General run checks on people before they go in. I also know there is some kind of form they fill out that they have to list assets for this purpose. It's not brought up at plea agreements or sentencing because it has nothing to do with his actual sentence or crime. It's something that the state will just recoup from an offender that has the assets. I'm pretty sure if a person has a public defender they don't bother with them unless that person comes into money later. If someone pays for thier own attorney, they will look at them. Normally they won't take 100% of the money on the inmate account, but leave a small amount. He needs to check that that isn't the case. He should have put everything he owned into his wife's name before pleading or going to court. If it was, they couldn't touch it. I don't think it will help now to do that because it would be pretty obvious. If she can prove she needs this money to live, they won't take it all, but a portion from him. Probably half of it. I would have him contact the DOC for and explaination, and his wife may need an attorney to fight this on her end.

nestes · #5 03-06-2007, 09:17 AM

Thanks Christy- For once I'm glad I have nothing, between the lawyers and the bond they cleaned us out before he went in. We at least felt like we had a choice. I'll let you know as the case goes forward. Thanks again!!

Christy · #6 03-06-2007, 09:46 AM

If I were you, I would do some case law research on it and send it to him. At least he will know what to expect.

Tell him good luck

NaievNewlywed · #7 03-06-2007, 09:49 PM

Hey Nestes,

When hubby was released, they asked him to sign a paper giving them 10% of his yearly earnings for the next 5 years...when he declined, they told him they could sue.

Also - I don't understand having to send the Parole Board $30 a month for Supervision of the Parolee.

Geez...don't our taxes pay enough?

nestes · #8 03-07-2007, 10:01 AM

In Missouri its big business, and it takes more than one person to get answers or make any changes. The co's don't seem to get rich, the food in prison is below standard, the health care is a joke (my husband came home a bad diabetic that wasn't found while he was in) These long sentences that are overcrowding the prison. The lawyer that tell you, thats just the way it is, as they get rich. Once you or a family member gets in the system its a life sentence.
At least I've found PTO, I thought for years I was by myself, its not much fun to just bitch to yourself, it takes the fun out of it. Thanks for listening.

tinkr30 · #9 03-07-2007, 12:04 PM

Heres my question about the whole damn thing is, Can they take the spouses assests too?

I mean, if your friend is married isn't half of those assests his wives?

Denise

Christy · #10 03-07-2007, 12:30 PM

They can't take the spouse's assets, but they can take half of them unless it's proven the spouse needs all the assets to live and provide for family. That is why many people transfer ALL assets to the spouse before going to prison or being sued, etc. In a sense, the state is sueing the offender for room and board. The spouse is left out of it unless they are both in prison.

nestes · #11 03-07-2007, 01:51 PM

She had to get a lawyer to fight for her half and the lawyer says there is no guarantee, since their child is grown and she hasn't been living in their house, they have been renting it out to save money and she has been living with her ageing mother. He shouldn't of gotten in trouble in the first place but to destroy a family just sucks.

NaievNewlywed · #12 03-07-2007, 08:23 PM

My hubby is saying that when you're locked up, always say "F*** no I don't own a damn thing" (LOL)

Otherwise yes, they will take what you have.

tinkr30 · #13 03-08-2007, 03:31 PM

I'm wondering how they can legally do this if it's not part of the sentence. KWIM.

I'm sure this can be fought and that 10% thing is total garbage.

Denise

leeperjeeper · #14 03-08-2007, 05:22 PM

[quote=NaievNewlywed]
When hubby was released, they asked him to sign a paper giving them 10% of his yearly earnings for the next 5 years...when he declined, they told him they could sue.
quote]

I have heard they tell that to everyone who is released. You do not have to sign that. I have never heard of someone they have gone after. And usually 10% of the first earnings wouldn't be much. But I didn't know the 5 year time limit.

nestes · #15 03-08-2007, 05:53 PM

Not only can they do it, they are doing it and according to the statute they have the right to do it. It looks as if the prosecutors office is the one who turns them in to the attorney generals office. It is then filed by the attorney generals office in the Cicuit court in Jefferson City, then a certified letter is delivered to you in prison, by that time all your assets are frozen, its then up to your family to get a lawyer to fight it, which is crazy because they already know what you have and according to the law they have the right to recover it.

mjd · #16 03-08-2007, 09:51 PM

IF you want to make changes then you should contact your Legislator to get the law changed. We have of 30,000 men and woem incarcerated in Missouri and 100,000 more on probation. We need to all stick together and fight these laws that will harm us.

Christy · #17 03-09-2007, 08:48 AM

Just for clarification, I thought I would post the law that is being discussed. I highlighted in red the part that deals with the support of family and spouse.

Missouri Revised Statutes
Chapter 217
Department of Corrections
Section 217.835

August 28, 2006

Jurisdiction, certain circuit courts--service--hearing--support obligations of offender to be considered--court order to reimburse, when. 217.835.

1. The circuit court shall have exclusive jurisdiction over all proceedings seeking reimbursement from offenders pursuant to the provisions of sections 217.825 to 217.841. The attorney general may file a complaint in the circuit court for the county or city from which a prisoner was sentenced or in the circuit court in the county or city of the office of the director of the department, against any person under the jurisdiction of the department stating that the person is or has been an offender in a state correctional center, that there is good cause to believe that the person has assets, and praying that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the cost of care of the person as an offender.

2. Upon the filing of the complaint under subsection 1 of this section, the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order shall be served upon the person personally, or, if the person is confined in a state correctional center, by registered mail addressed to the person in care of the chief administrator of the state correctional center where the person is housed, at least thirty days before the date of hearing on the complaint and order.

3. At the time of the hearing on the complaint and order, if it appears that the person has any assets which ought to be subjected to the claim of the state pursuant to the provisions of sections 217.825 to 217.841, the court shall issue an order requiring any person, corporation, or other legal entity possessed or having custody of such assets, to appropriate and apply such assets or a portion thereof to satisfy such claim.

4. At the hearing on the complaint and order and before entering any order on behalf of the state against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.

5. If the person, corporation, or other legal entity shall neglect or refuse to comply with an order issued pursuant to subsection 3 of this section, the court shall order the person, corporation, or other legal entity to appear before the court at such time as the court may direct and to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.

6. If, in the opinion of the court, the assets of the prisoner are sufficient to pay the cost of the proceedings undertaken pursuant to the provisions of sections 217.825 to 217.841, the prisoner shall be liable for those costs upon order of the court.

nestes · #18 03-09-2007, 09:03 AM

Thank you Christy for posting the law, I've been going thru it and caselaw. I just wanted everyone to be aware of the law, and to realize that we are the voice of the men and women in prison, they can't vote. So the next time you hear I'm not registed to vote or I'm only one person my vote doesn't count, realize how many people your voting for, no matter which way you vote.

nestes · #19 03-30-2007, 10:33 PM

Latest update, not only is his home, land and bank accounts listed on the law suit but his parents home is listed also. On doing the title search his parents are listed first but show him as a benef. Now he is 50 years old, and his parents are still alive and doing fine and are in no way connected with his crime. Now, in my mind I think that there is no way the state can do this. We do still live in America dont we? I am beginning to loose hope, his lawyer is going to Jefferson City the last of the April to fight this. I will keep everyone informed. I guess I just have to vent. Thanks for listening

Christy · #20 03-31-2007, 09:16 PM

That is just crazy! I don't think they can do that at all. They may place a lien on the house so that when it is sold they will get the money.

By beneficiary, what do you mean? Is he listed as an owner, or on the will to inherate the house when they pass?

nestes · #21 04-01-2007, 03:13 PM

He is listed under Deed of Trust as beneficiary. His parents are listed as owners. His parents sold their farm about 15 years ago and bought this house, they have no lein on the house. They put his name on as beneficiary so when something happens to them it will not have to go thru probate. If his mother finds out that they are trying to take her house or put a lein on it, she probably wont survive. His Dad and lawyers are in a panic trying to get this taken care of. Nobody thinks they can do this. Ha-HA. Their trying to... Of course he's not nearly as upset that they are taking his house and bank accounts, maybe thats the attorney generals plan...

tinkr30 · #22 04-04-2007, 02:52 PM

That is just total BS.

Denise

Strasse · #23 04-04-2007, 03:34 PM

Quote:

Originally Posted by Christy

He should have put everything he owned into his wife's name before pleading or going to court. If it was, they couldn't touch it.

I don't think that would have helped. RSMo. 452.330(3) states that (in another context): "All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of coownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property."

Etc. I know transfers of title like that don't work in bankruptcy court, where they're deemed fraudulent conveyances.

Before anyone juggles title to property to attempt to shield assets from the long arm of Missouri, please, talk to a Missouri lawyer (I'm not one, though my family's still there).