Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Nov 2005
    Location
    Jackson, MI
    Posts
    3

    Default Restitution, fines, parole fees

    I have been out of prison since 1998 but unable to pay the criminal restitution of 25,800.00, and I now owe over 1,600.00 for parole fees, I have been on Social Security Disability which only pays me $731 per month, not even enough to live on around here. I live in Michigan. I have been held on parole for 8 years for failure to pay the restitution and fees, however obviously I cant afford them. I am currently in the process of chapter 7 bankruptcy. I had to report all these debts and I previously had the understanding from reading laws and such that at least the restitution was not dischargable. However I asked one of my attorney's employee's if it were possible to discharge the restitution and she said that it was possible but only in extreme situations where there is absolutely no possible means for the person to pay it, and also it must be of an amount that it creates an extreme burden not bearable by the debtor. My question is this: If this is the case then what contitutes an unbearable burden and an extreme situation that qualifies. I would certainly think that I would qualify if anyone could. I was sent to prison at 17 and was told that there would be no restitution ordered in the plea agreement yet the attorney lied and I was ordered almost 26,000.00. This debt is a huge burden on my shoulders and any advice would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Restitution & Bankruptcy

    Certainly, your bankruptcy lawyer could petition for discharge of the restitution. You could also check with a criminal defense lawyer to see if there would be any point in trying to have the trial court revisit the restitution on the basis of hardship.

    1. Sponsored Links
       

Similar Threads

  1. Towing: Turning Car Over to Towing Company to Avoid Fines and Fees
    By vrig in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-16-2010, 11:54 AM
  2. Probation and Parole: Is There a Statute of Limitations on Unpaid Fines and Restitution
    By Robtboyd in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 12-03-2009, 06:13 PM
  3. Sentencing: Do I Have to Pay Court Fees on Top of Fines if Convicted
    By fluffycloud in forum Criminal Procedure
    Replies: 1
    Last Post: 08-02-2009, 03:43 AM
  4. Probation and Parole: Jobless Situation and Probation Fines/Parole
    By wanna_kno in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 03-14-2009, 10:42 AM
  5. Probation and Parole: Parole Max Date vs. Restitution
    By fersnipe in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 10-17-2008, 05:08 AM
 
 
Sponsored Links

Legal Help, Information and Resources