Legal Question in Criminal Law in Michigan

Criminal restitution is a debt that never expires until it is paid in full, and can be collected from your estate when you die. It doesn't 'go away' when your probation term ends (2 yrs for your misdemeanor conviction rather than up to 5 yrs for a felony conviction). And the restitution balance you owe is not (supposed to be!) converted into a civil judgment, because by the language of the crime victims' rights act the restitution ordered at sentencing *is* a judgment and *is* a lien on your property. When your probation time ends, what happens? You still owe the money per your judgment of sentence. The statutes and court rules do not include a time limit within which the restitution must be paid (i.e., an expiration date). Under federal law, criminal restitution debts cannot be discharged in bankruptcy, either. The sentencing court retains jurisdiction indefinitely to enforce the restitution order. See People v Norman, 183 Mich App 203 (1989). The probation department would not be taking active steps to make sure you're paying (like it was when you are on probation the PO must check the file every 6 months, immediately report non-payment, etc.). But the court, through its staff, can still check that you're paying. And if you're not paying after probation ends the court still has contempt of court powers. See In re Reiswitz, 263 Mich App 158 (1999). That balance owed may be actively enforced by a prosecutor, the victim or anyone who is supposed to get the restitution through a variety of collection procedures, beginning with subpoenaing you to court to provide information about your income, assets and liabilities; this info will allow the court to issue garnishment orders against your paychecks, bank accounts and state income tax refunds, or get an order for the sheriff to seize and auction off your personal property to pay the restitution still owed. But the court has the authority to reject the victim's subpoena or garnishment requests if you're regularly paying your restitution. So, even after probation ends, keep up with your monthly payments; use your tax refunds to knock off extra chunks of restitution, too. The more you do to show the court, prosecutor and victim that you haven't forgotten what you owe the victim, the more likely they'll stay off your back.