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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Federal restitution statute of limitations

Resolved Question:

Is there a statute of limitations for restitution in a federal case where a judgement has been entered. Probation served, restitution paid for that time on probation. Completed over 10 years ago.

Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Federal restitution has no statute of limitations. The order to pay out restitution remains until it is completely paid off, whether that happens right away, 6 months, or the individual's lifetime. My apologies but if restitution was entered, it is there to remain. Once a judgment is entered and there is no restitution, the state cannot return and request restitution going forward as it may potentially violate double-jeopardy restrictions.

Hope that helps.

Customer: replied 1 year ago.

The restitution was supposed to be 10% of my earnings and I THOUGHT it was only supposed to be for the time I was on probation. So it is untrue that it is over after 20 years? It has been 17

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

The restitution remains until paid off, there is no 20 year deadline. For example if you were ordered to pay $100,000 and you only paid off $40,000 at this point, you still have to pay the remaining $60,000 and that amount does not disappear or go away after 20 years. I am sorry but it is untrue that it goes away after 20 years.

Customer: replied 1 year ago.

so that's that. Even if the agreement I thought I had signed was to pay for 5 years while on probation? Is there anyway to go to court and have the judgement changed or be re-sentenced?

I am asking all of this because I want to buy a home in Florida and want to know if they will be able to come after, seize or put a lien on it.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My apologies but once the order is put in place, it is a final order. That order can only be appealed or contested within the first 30 days. You cannot appeal, contest, or attempt to modify that order 17 years later. As for your property being seized, if you are on a formal restitution payment plan, you have not been late, and have been regularly making payments, the state is unlikely to pursue your assets. They tend to pursue assets of those who are not paying down the debt as scheduled.

Hope that helps.

Customer: replied 1 year ago.

I was married and not working. Only 2 years ago did I go back to work and start filing taxes. I believed the restitution was part of my sentence and so therefore was extremely surprised when they contacted me and wanted to garnish my wages. So far all they have done is contact my work. Would you advise I contact them and work out a formal agreement? I have spoken to them and they told me 20 years. Does the US attorney have the power to make an agreement, lets say for 3 years and be done if we both agree?

Expert:  Dimitry K., Esq. replied 1 year ago.

It would be most wise of you to consider contacting them directly and creating a formal agreement. Then if you abide by the terms, they would not be able to pursue further garnishments or attempt to freeze your other assets or intercept payments. An attorney cannot overturn an agreement that was made--the restitution order or a judicial order, no attorney can personally overturn a judge. Please be well!

Customer: replied 1 year ago.

Ok. Do they have the power to make the agreement for lets say 3 years for instance and then if I hold up my end be DONE? Lets say I agree to the 10% for 3 years and I pay it, but there is still a balance owed. Can they agree to end it?

Expert:  Dimitry K., Esq. replied 1 year ago.

No, they do not have such power. They can create an agreement for payments and the balance, but they cannot waive or excuse the outstanding balance going forward. This is not a private debt, restitution is a punitive portion of your sentence for the offense under which you were convicted, and that amount cannot be modified going forward.

Customer: replied 1 year ago.

So there is NOTHING I can do about this judgement FOREVER? Except make payments?

Expert:  Dimitry K., Esq. replied 1 year ago.

That is correct, unfortunately.

Restitution payments cannot be removed via bankruptcy (there are specific sections against it). The only way to remove it is to pay the payments until the amount is paid off.

Customer: replied 1 year ago.

Ok. Last thing. Since FL is a homestead state, is it true that they cannot come after your HOME?

Expert:  Dimitry K., Esq. replied 1 year ago.

That is not true. Federal restitution claims overcome state homestead exemptions. That means a homestead property, while it is safe from state and personal debts, is NOT safe from federal debts and obligations.

Please review this link below:

http://judicialview.com/Court-Cases/Conflict_of_Laws/Federal-Restitution-Order-Overcomes-State-Homestead/16/777

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38557
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.